Hire former bankruptcy judge for Ch. 7?

[ApresMoi]

I am still in the throes of deciding between pro se and hiring an attorney. Would there be any advantage to hiring a former banktrupcty judge for a Ch. 7? I was told he has a VERY good record of successful BK cases. On the face of it, it seems like a no brainer. I can't find any negatives on a google search, and his fees are the same as others I have been quoted. His firm represents clients in the same district where he used to be a BK judge. Observations appreciated!

[AngelinaCat]

He would certainly know the insides and outs of your particular district and the trustees. I just wonder why he stepped down from the bench.

[tigergem]

I filed Chapter 13 pro se. If I could have afforded attorney fees, I would have hired an attorney, but here I am in the thick of it by myself and it is super stressful. For that matter, if I could have afforded attorney fees I might not have had to file in the first place. I say...If you have the ability to hire an attorney DO IT.

[HHM]

I don't see a particular downside. I would probably want to find out why he stepped down. BK judges usually stay for life (it's a pretty good gig).

Note, just because he was a judge, doesn't necessarily make him a good attorney. BK Judges are appointed (so it is more about connections than skill). Also, he may have a hard time taking a position opposite to previously written opinions, so he may not advocate a questionable position, especially if he has ruled on that issue before.

In any event, that is something you can ask him and see how he responds.

[StartingOver08]

... Also, he may have a hard time taking a position opposite to previously written opinions, so he may not advocate a questionable position, especially if he has ruled on that issue before.

This would be my concern about hiring a Trustee or a former Judge. When I was looking for a BK attorney I wanted one that was not only experienced with Ch 7 BK's and small business complications, but one that would be my advocate. I am (was) the debtor. I want someone that would not *confuse* the debtor position and the creditor position. JMHO.

[ApresMoi]

I don't see a particular downside. I would probably want to find out why he stepped down. BK judges usually stay for life (it's a pretty good gig).

Note, just because he was a judge, doesn't necessarily make him a good attorney. BK Judges are appointed (so it is more about connections than skill). Also, he may have a hard time taking a position opposite to previously written opinions, so he may not advocate a questionable position, especially if he has ruled on that issue before.

In any event, that is something you can ask him and see how he responds.

Ok, thanks. I'll see what I can find out. He's been in private practice for about a decade. I prefer to work with someone who won't send me out for slaughter. If they know it's not going to work, then I want them to tell me what I need to do to improve my position (before filing). I don't want to go into court holding a questionable hand of cards.

[ApresMoi]

I don't see a particular downside. I would probably want to find out why he stepped down. BK judges usually stay for life (it's a pretty good gig).

Note, just because he was a judge, doesn't necessarily make him a good attorney. BK Judges are appointed (so it is more about connections than skill). Also, he may have a hard time taking a position opposite to previously written opinions, so he may not advocate a questionable position, especially if he has ruled on that issue before.

In any event, that is something you can ask him and see how he responds.

Something I've always wondered about. if I give them the retainer, they do the workup and then say, we see you have too much disposable income and we advise against filing, then what? Do I get the retainer back? I seriously doubt I would.

[AngelinaCat]

Then HHM's concern about his working against some of his own prior rulings might not apply. As you probably know, the BK laws changed greatly in 2005 and if he has been in private practice for almost a decade, he will not have made rulings after that.

[ApresMoi]

I filed Chapter 13 pro se. If I could have afforded attorney fees, I would have hired an attorney, but here I am in the thick of it by myself and it is super stressful. For that matter, if I could have afforded attorney fees I might not have had to file in the first place. I say...If you have the ability to hire an attorney DO IT.

Sorry to hear you are going through this. i have read that Ch. 13s are more complicated than Ch. 7s. I can't really 'afford' to hire. I can, however, come up with the necessary cash (don't have it now, but will if I plan correctly). Two different things.

[ApresMoi]

He would certainly know the insides and outs of your particular district and the trustees. I just wonder why he stepped down from the bench.

Me too. I will see what I can find out.

[jribe]

if you're case is pretty standard and straightforward- i would recommend filing pro se.

If you have some complicated issues, i would hire an attorney.

There are plenty of good BK attorney's out there, i wouldn't hire one just because he was a prior BK judge though. They need to stand on their own merits and your opinion of them.

The problem with hiring someone that was a trustee/judge is that while other attorney's may help you out more by being a little more "creative" a former judge is likely to stand firmly by the black letter of the law.

I also find it strange that he would step down from being a judge, especially in CA! They make much more than a private practice attorney would, with perks.

I am still in the throes of deciding between pro se and hiring an attorney. Would there be any advantage to hiring a former banktrupcty judge for a Ch. 7? I was told he has a VERY good record of successful BK cases. On the face of it, it seems like a no brainer. I can't find any negatives on a google search, and his fees are the same as others I have been quoted. His firm represents clients in the same district where he used to be a BK judge. Observations appreciated!

[ApresMoi]

if you're case is pretty standard and straightforward- i would recommend filing pro se.

If you have some complicated issues, i would hire an attorney.

There are plenty of good BK attorney's out there, i wouldn't hire one just because he was a prior BK judge though. They need to stand on their own merits and your opinion of them.

The problem with hiring someone that was a trustee/judge is that while other attorney's may help you out more by being a little more "creative" a former judge is likely to stand firmly by the black letter of the law.

I also find it strange that he would step down from being a judge, especially in CA! They make much more than a private practice attorney would, with perks.

I wondered that as well. Would having some furnishings in storage in another city be a 'complication' as you put it? I own everything in there, and it's all exempt from what I understand (the goods in there and what I have in my possession are not worth more than the total wildcard exemption in CA). Thanks.

[jribe]

I wondered that as well. Would having some furnishings in storage in another city be a 'complication' as you put it? I own everything in there, and it's all exempt from what I understand (the goods in there and what I have in my possession are not worth more than the total wildcard exemption in CA). Thanks.

I don't see why there would be an issue with that. When you fill out your petition, it does ask the location of the items. Most people have the items in their homes, so they put "residence". So those in the storage in another city- you would simply put that city/state next to those items.

If the trustee asks about why they are in another location, it can easily be explained by a move or other means..
That's not an issue that you'd need an attorney for.