Trustee as attorney?

[sleeplessinohio]

Hello all,

I seem to remember reading that it was either good or bad to have an attorney who is also a trustee. The problem is that I can't remember which it is and I can't seem to find an answer through searching.

I'm making some appointments for initial consultations and one of the attorney's that looks good is a trustee. Should I avoid him or give him extra consideration?

Thanks very much for your insight.

sleepless in ohio

[wonkettegirl]

My attorney happens to be a trustee, too, and I think that gives him a good edge (or at worst is neutral). A trustee can expect other trustees to give good, accurate information, to know what is needed, to play straight. I was a borderline 7 case, and I would hope that the fact that my attorney, a trustee, felt a 7 was appropriate held a bit of sway with the trustee assigned to my case.

I can't see any downside, really.

[StartingOver08]

My personal opinion is do not use a trustee as your attorney. My feeling is how can your attorney represent you as a debtor to his best ability when in fact he mostly represents creditors? The attorney is supposed to be able to separate his clients; however, attorney's are human too.

I hired an attorney that represents debtors and has been in the business for more than 30 years in my district. He knows all the trustees. He knows what is acceptable and what is not. He was able to read my situation and help me through what could have been a disaster (I filed a CH 7 successfully due to my attorney and I was over median income).

You must be able to trust your attorney with ALL of your financial information.JMHO.

[santadawg]

I went with a BK Lawyer that only does Bankruptcy. It doesn't really matter. If I had to due it all over I would go with one that was also a Trustee. That's just me. The BK Lawyer that we selected turns out to be a real jerk. Also, the real kicker is the Lawyer that I really wanted to go meet, is the one that is now our Trustee.

I learned so much on this Forum, that I think I know more than my Lawyer does.
At least I think I do---------------Santa

[wonkettegirl]

StartingOver, I can see your point, but I also think that, if a case is borderline, a trustee may give another trustee the benefit of the doubt, ya know? As you point out, attorneys and trustees are only human, and they want amicable working relationships, so a bit of "professional courtesy" may come into play.

[santadawg]

Startingover, That's what I thought too & your probably right----I just picked the wrong one. Now I'm paying for it, He was no help in planning and gave me no really good advice. He was even trying to push us to a Ch-13, just so we could keep are cars. I said NO way.

[StartingOver08]

Startingover, That's what I thought too & your probably right----I just picked the wrong one. Now I'm paying for it, He was no help in planning and gave me no really good advice. He was even trying to push us to a Ch-13, just so we could keep are cars. I said NO way.

This was my fear. My husband did not file (although I wanted him too). Had to use his income anyway as he is in the household. We are 70k over median income with both incomes. My attorney was able to keep me in a CH 7 legally, ethically and without having to go through much hassel (except the tremendous amount of initial paperwork). For that I thank my attorney.

[santadawg]

SO---I'm glad things are going well for you. I have been following your posts, I just filed--so I have my fingers crossed.

[StartingOver08]

SO---I'm glad things are going well for you. I have been following your posts, I just filed--so I have my fingers crossed.

Thank you! Good luck in your BK....I am glad you found this forum. Everyone here has been a great help.

[sick of debt]

I thought it was very helpful that our attorney was also a trustee.

[AngelinaCatHub]

It’s my humble opinion that a bk attorney being also a Trustee, is a good mix. That person would know both sides and what not to say in the paperwork and also recognize errors faster. If truly a professional, and that of course depends on the individual, he would honor his client as after all, it is a customer. ‘Hub

[justbroke]

The question is as simple as this...

Would you want Sandra Day O'Connor, representing you before the Supreme Court?

You have to remember that an Attorney, according to the hypochratic oath, first has a duty to the Truth. Then, to their client. Then to their profession.

Whatever that means.

[AngelinaCatHub]

The question is as simple as this...

Would you want Sandra Day O'Connor, representing you before the Supreme Court?

You have to remember that an Attorney, according to the hypochratic oath, first has a duty to the Truth. Then, to their client. Then to their profession.

Whatever that means.

LOL. You got a point.

[wonkettegirl]

The question is as simple as this...

Would you want Sandra Day O'Connor, representing you before the Supreme Court?

You have to remember that an Attorney, according to the hypochratic oath, first has a duty to the Truth. Then, to their client. Then to their profession.

Whatever that means.

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.

[TEW]

I would and almost did the only reason i did not hire him was he wanted more money then the other lawyers as it turned out he was the first trustee assigned to my case. when i saw his name before i even got a chance to call my lawyer he excused himself.