Bankruptcy trustees

[speculate]

Kind of a weird question, was just curious on your thoughts.
I noticed that many of the bankruptcy court trustees maintain their own practices and represent debtors filing bankruptcy.. obviously not representing cases they preside over.. it's a given they know what they're doing and they're experienced and have relationships with the people at the court because they work there day in day out.. kind of like an old boys club. but do you think it's a plus or negative to have one of these lawyers represent you in your case.. it's a matter of opinion, but just wondered if it would make the process for the person filing any smoother or easier.. or harder even

[DebtHater]

My attorney is a trustee of the local court. I did not retain him for that reason but he was able to adjust the petition and prepare us for the 341 knowing exactly what will be asked of us.

In my opinion, any lawyer worth his or her weight should be able to do the same thing as the trustee presiding over the 341 should remain impartial regardless who's representing you.

[AngelinaCatHub]

If you are taking a poll, I would opt for a lawyer who is also a Trustee. Reason is, they know what you don't and probably will inform you what goes on. We were dumb as anvils and had NO HELP at all or guidance from our lawyer. I was dumb enough to fire her and attempt to go pro se after my 341 was over and I was in waiting. The Judge was a bit tickled at that but he suggested I change my mind as everything was quite over.

It did penalize her by losing a day's work and show the Court I was not pleased with her services. 'Hub

[HHM]

Let's clear up a few of the assumptions.

The trustees are not appointed by the court; they are hired by the U.S. Trustee Office. Although many trustees happen to be lawyers, being a lawyer is not a requirement. It is questionable whether they really are better than attorneys. And actually, they really have no more inside contacts or information than any lawyer with a few years of experience. The problem you run in with trustees is a possible conflict; they may not be willing to push a borderline case if doing so will hurt their role as a trustee or if they have already taken the contrary position in a prior case. In most cases, you are paying more because of that title "trustee" without really getting more for your money.

As was stated, DO NOT hire an attorney simply because he is a trustee. Use your shopping skills, determine what you actually want out of representation, and ask questions.

[AngelinaCatHub]

Let's clear up a few of the assumptions.

The trustees are not appointed by the court; they are hired by the U.S. Trustee Office. Although many trustees happen to be lawyers, being a lawyer is not a requirement. It is questionable whether they really are better than attorneys. And actually, they really have no more inside contacts or information than any lawyer with a few years of experience. The problem you run in with trustees is a possible conflict; they may not be willing to push a borderline case if doing so will hurt their role as a trustee or if they have already taken the contrary position in a prior case. In most cases, you are paying more because of that title "trustee" without really getting more for your money.

As was stated, DO NOT hire an attorney simply because he is a trustee. Use your shopping skills, determine what you actually want out of representation, and ask questions.

I agree HHM. My point is that it seems difficult to get a good lawyer to talk to you. They seem to assume you have been on the BKForum all your life and know the routine. I didn't know anything until after the fact and I found this place. After my attempt to fire my lawyer (in Court) and go pro se, I wrote her a nice worded letter advising her to inform her clients. Give them an outline if they have to. I didn't even know what the 341 was when I went to it. The good side of that ignorance is that we had no fear or apprehensions at all because we didn't know why we were there except to show our citizenship. 60 day? What 60 days? Of course through ignorance and all our stupid mistakes, ours lasted two years and 10.5K in penalties. 'Hub

[kw1025]

I totally agree with HHM. I idd a background check for months on every trustee in my area, just to see what their background was. I even thought of hiring a attorney from the firm that the UST used to work, cause i thought i would get better treatment. In my case, i stuck with the attorney i had originally intended, and i could not have made a better decision.

Get an attorney that has a track record in business and personal BK, and not a "mill" type. I even asked my attorney if HE thought i should hire an attorney that is a trustee, and he said it really did not make a difference.....the one thing he said to me that stuck out was that the trustees trusted him, and knows he is upfront. Get an attorney who is as buttoned up as can be, one who calls you back, one who meets with you, one who shows empathy, and one who is trusted. Get some references too if possible. Hirng the attorney is THE MOST IMPORTANT DECISION IN BK. CRITICAL, in my opinion

[blessed]

I wouldn't choose a lawyer simply because (s)he's a trustee. Because it was clear we qualified for Chapter 7 with our income and assets I wouldn't mind having a lawyer who was also a trustee, like a PP said, it seems they wouldn't be able to shove through a case that was borderline.

As soon as the paralegal said my attorney WROTE a good bit of the bk codes I was ready to hire him. That's a better indication in my mind of whether or not he knows what he's doing.