Trustee is an attorney

[RelaxMax]

My husband has learned from our attorney that our trustee is also an attorney , is this a positive or a negative ?

[FreshLikeADaisy]

Max, many of them are attorneys, so you actually had a good chance of getting an attorney trustee from the start.

To me, I personally would rather have a trustee who is also a bk attorney, because working both sides of the fence requires a much deeper understanding of the workings of the court, and of the law itself, than would be needed by someone who just does bk by the book. So to me, it's bonus. Others may feel differently, but that's my take on it.

Good luck with your bk!!!

[deafbroke]

Just remember the trustee is working on behalf of the creditors, not you. They are biased as to what they're goal is. They will look for mistakes and milk you for it. Happend to me. So make sure your attorney has all the bases covered.

DB

[Phillymanhere]

Generally people on this board consider hiring a trustee to be a great thing.

Trustees definitely know the practices/quirks of a particular bk court. They probably command respect from other trustees and they know lots of good info.

I'm about to make a payment on my attorney and he's a trustee. When I met with him, he definitely had a thoroughness and a confidence that the other attorneys did not have. Does your guy seem sharp?

Good luck.

[PaKettle]

Are you saying your attorney is a trustee, or your trustee is an attorney?
Aren't ALL trustees attorneys?
The only negative I can see about one's attorney being a trustee is that they MAY be much more "by the book" than a regular bk attorney. Some bankruptcy attorneys are willing to stretch or bend the rules to help you out if they feel they can get away with it. Whereas I doubt a trustee/attorney would do that for you. Though I could be wrong. But if your case is solidly within the means test and you have no "issues" then it should be a good thing to have an attorney that is also a trustee.

[Phillymanhere]

Wow, PaKettle,

Great answer on the potential downside of having an attorney who is also a trustee. Really helpful. Thanks.