Chap 7 Trustee/Attorney

[kw1025]

Hey gang, quick question. I have what appears to be a very good and respected BK attorney. However, there are 8 attorneys in my area that are ALSO the only Chap 7 trustees. My case is an asset case, and i will want to buy back some things. Does it make more sense to hire a attorney who is also a trustee, or do i stick with my guy. Is there a benefit to having a trustee as my attorney??

[StartingOver08]

In my opinion, you would be better off having an attorney that is NOT a trustee too. That way the attorney can be the best advocate for you and your specific Ch 7.

When I filed, I made sure my attorney was very experienced and not a Trustee. If there is some borderline type decision to be made by the Trustee, I wanted my attorney to be my advocate and not to worry about his 'trustee hat' so to speak. After all, your attorney is only human.

[willbfree]

I second startingover08. Go with an attorney that is not also a trustee for the same exact reasons he gave. You want someone totally on your side without a doubt.

[kw1025]

we have 8 trustees in the area...would't you think they have a good old boys club and can get things done? Afterall, don't they all do each other favors??

[StartingOver08]

They probably do each other favors, but I doubt the favor helps the debtor!

[music12]

this sounds very strange. i would think that an attorney who is also a trustee would not be allowed to represent debtors at all. it's just weird. aren't there ethical considerations that prohibit that?

[aces67]

I don't know if it matters either way. My lawyer is also a trustee. It didn't help me any.

[tinfoilhat]

This thread scares me.

My attorney said that his firm is in constant contact with trustees, so he'll know it if they're expressing interest in my assets, etc and he will notify me asap if something comes up.

How do you find out if an attorney is also a trustee?

The one I fired seemed fairly bitter toward trustees.

[kw1025]

you can find out on your county court site if the trustee is a pt atorney as well. If i did hie an attorney who happens to be a trustee as well, he would not get my case as my trustee. My queation was, doed it make a difference to hire a trustee as your attorney, because he may be able to get some things done

[StartingOver08]

This thread scares me.

My attorney said that his firm is in constant contact with trustees, so he'll know it if they're expressing interest in my assets, etc and he will notify me asap if something comes up.

How do you find out if an attorney is also a trustee? Go to the Trustees website and get a list of Ch 7/Ch 13 Trustees for your district. Here is a good website to look up Ch 7 Trustees: http://www.usdoj.gov/ust/eo/private_.../locator/7.htm

The one I fired seemed fairly bitter toward trustees.

This is what you want in an attorney - one that knows the Trustee's and is in constant contact, but not one that IS a Trustee. Just from the little info posted it sounds like you got a good attorney this time around tinfoilhat!
GL

[tinfoilhat]

I agree StartingOver08, he's a good guy, many years experience in this district.

[kw1025]

I know a couple who just got dischared of millions in business debt in our area. Their attorney happened to be one of our area trustees, pt time. One of the 8. They said that having a trustee as your attorney, they know what to look for etc, and they have relationships with the other trustees. Maybe your right though, the attorney i have now is not a trustee, but comes highly recommended from my accountant, and my personal attorney who is a judge. I am just SUPER cautious.

[music12]

your personal attorney is a judge?? someone can't simultaneously be a judge and an attorney. that i know for sure (unless it's a part-time judge?)

[kw1025]

Ya, my personal attorney is a pt time judge in a town. he is affiliated my my Bk lawyer in that they are in the same firm. he, along with others have highly recommended my Bk attorney. I just did not if their was any sense in dumpin him and hiring a bk attoney who is also a 7 trustee