Attorney and trustee relationship?

[Llelxon]

I talked to my attorney the other day and he indicated that he was happy we got the trustee that we did because they work with that particular trustee a lot. How much of an effect does the relationship between the attorney and the trustee play into the process? Just curious for others opinions/experiences.

[StartingOver08]

It is very important that the attorney you hire is familiar with your Trustee's behavior and past rulings. The better your attorney knows the Trustee and their thought process, the more successful your BK will be, in my opinion. This makes the most difference in cases that may be considered "borderline" cases.

My personal opinion is that when you are seeking an attorney, what you are actually looking for is not only someone that is experienced in BK law - but someone that very specifically knows your district and the Trustee's and their quirks! I can say that my BK would not have been as successful (or maybe even converted to a Ch 13) if I had another attorney that was not as familiar with the local panel Trustee and the UST. For me it made a world of difference.

[signal]

From what I can see, it seems pretty important. Attorneys trade off the role of Trustee. This week they are representing the debtor, and the next week they are representing the UST. So its a bit incestual. I think of it a bit like a club, and I am sure it has something to do with the success of good bk attorneys. This is just my 50000 ft view of it, but I have no doubt that relationships play a role.

[southernbelle]

I think the atty/TT relationship definitely counts for something. My atty told me right off the bat that my TT was VERY thorough so we both knew what to expect so in my case it did help.

[dakota112]

Lets get real here, these lawyers are all part of the same club. You scratch my back, I'll scratch yours. My atty told me he knows the TT quite well and how they tend to rule. It can't hurt to see them day in and day out. I made it clear when I was shopping around for one that this was impt to me so as to not have endless delays purposely created and costs increased. I also didn't want one who doesn't get along well with these folks.

[justbroke]

The key to the attorney/Trustee relationship that I have witnessed time and time again, is that when they reach a certain level of understanding... they implicitly trust each other. Attorneys generally do this as part of professional conduct, but there is something about the Debtor-Attorney/Trustee relationship that seems too casual. However, that relationship works to the benefit of the Debtor! I have been int he middle of attorneys talking to the Trustee before the Judge entered and negotiate a dismissal as if they knew what each other wanted... with the Trustee suggesting to immediately re-file and that she wouldn't object.

I also learned that in the Bankruptcy Court, many attorneys take each other's words as if it's on paper. When I went to my final evidentiary hearing on Confirmation, I had to make a couple of changes to my Plan (due to an objection from the lender's attorney on some "language" in the provisions). Just before being called up, me and the lender's attorney talked about what I changed. I told her that I included language to cover all their objections. She asked me twice if I was sure, and I said yes. She said she would trust me. When we were called (because the objection was scheduled at the same time as the confirmation on purpose), the Judge asked if all was okay, and the lender's attorney said they were fine with the plan.

I also learned alot that most things are done outside the courtroom. They are done in the hallways of the courthouse! They are done in casual conversations in front of the courthouse, or on the phone. This is how a lot of the work gets done. Having a good relationship and rapport with the Trustee, the Judge and other practicing attorneys, whether they are creditor attorneys or debtor attorneys, is important. Yes, I hung out with some of the lawyers.

Yes their relationship can be adversarial. However, even when in an adversarial state, they remain very professional.

I'll never forget when one of the Debtor's Attorneys saw one of the Creditor Attorneys enter the courtroom and he said, aloud... "creditor scum attorney". The Creditor Attorney said something back, several attorneys laughed. There were no debtors in the courtroom at the time, so they thought. (I'm about the only one that wears a really nice suit and tie, and come with many file folders, as though I'm an attorney. Hey, you have to be prepared when you're pro se.)

At least, that's my view as a pro se petitioner.

[frogger]

In our area, trustees and attorneys are the same thing. Just one big club.

[shabam]

It definitely worked in my favor.

[pookieny]

It definitely worked in my favor.

Mine too!

[JimKutkowski]

Attorney and trustee relationship is adversarial, but in the mutually assured destruction sense.

I can make a trustee's day miserable and they can do the same to me, but since I now have a rapport with the trustee's office, it makes things much easier... it also helped that I send his clerks (they are all females) roses and chocolate on Valentine's day.