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Trustee as attorney?

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    #16
    Knowing what we know now, if we had it to do all over again, 'Hub and I agree that we would hire the local BK attorney, who also happens to be a very well regarded trustee. The reason we didn't go to him in the first place, is that we live in a VERY small community where everyone knows everyone else's business. And all the attorneys in town gather at the local Holiday Inn after 5 PM for their kafe klatch--featuring adult beverages. And we just didn't want to go there.

    But, I bet we would have saved ourselves a whole lot of grief if we had gone local. But you know what is said about 'hind-sight'.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #17
      As with anything, you cannot isolate your decision to one factor. Ultimately, you need to find the attorney that seems best suited for your case, who has your interests in mind, and who takes the time to make sure you understand your situation.

      It is hard to generalize about trustees who are also active BK attorneys. I think they are good for routine and minor borderline cases, i.e. cases that other attorneys might be overly conservative or inexperienced to handle, but the issue in question has already been mostly resolved by the courts. But if your case truly is borderline, I do not think I would hire an attorney/trustee because I would not be confident that the attorney would aggressively argue a position that would make his job as a trustee more difficult or less lucrative.

      But again, it really depends on your case. I would neither rule out or rule in an attorney based solely on the fact that he/she is a trustee.
      Last edited by HHM; 01-02-2009, 04:58 PM.

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        #18
        Originally posted by wonkettegirl View Post
        Actually, no. I'm an attorney by training, although I do not have a practice. I never took the Hippocratic oath (that's for doctors). There is no duty to "truth" - the duty is to your client. Why do you think defense attorneys never ask their clients for the truth? If a defendant truthfully told us that she was guilty, it means we would not put that person on the stand.
        Agreed. I was trying to be funny.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #19
          Originally posted by justbroke View Post
          Agreed. I was trying to be funny.
          I am an idiot. Please disregard my post.

          "Why yes, sometimes I AM a humorless prig. Why do you ask?"

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            #20
            Originally posted by wonkettegirl View Post
            I am an idiot. Please disregard my post.

            "Why yes, sometimes I AM a humorless prig. Why do you ask?"
            Naw you’re not. As what we have seen with lawyers, there are too few who unlike many Doctors don’t have their own best interest in it. They have earned their knick as Sharks for a very good reason. Whenever in our location we see the same faces on TV commercial stating “we will get what you deserve” I feel in my heart of hearts it is too bad they do not get what they deserve. ‘Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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              #21
              I think it would be a wise decision to go with an attorney who is also a trustee if you are comfortable with them. A trustee/BK attorney will know what the trustee is looking for, they have been trained with the same information and manuals.

              Bottom line though...go with your gut. Even if they are a little more money than another attorney, knowledgeable representation can save you money in the long run.

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