Hi, I am wondering, there is a chapter 7 trustee in our bankruptcy court who is also a bankruptcy attorney. Do you think its favorable to have a bankruptcy consultation with him? I am so curious on his imput compared to other attorneys I have consulted since he actually works as a chapter 7 trustee. Do you think this will be a good idea or no?
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Not really. You're not going to get any special treatment for using a trustee, and if you retain the trustee, they might not be as aggressive as an attorney that is not.
JMO.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event....... -
I used an attorney who is a former trustee. He knew the in-n-outs of the system and things wen't very smoothly for me. YMMV..Comment
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I researched this to death. I choose a great bk attorney who is not a trustee, but is repected by the trustees. I could not be more grateful i made that choice.Filed Aug 28 2009
341 Oct 2 2009-Asset Case
Discharged Dec 16 2009
Waiting for tax return and asset buy back to closeComment
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My lawyer is not a trustee, but he has a partner who is, and they both go over the paperwork with a fine-tooth comb to reduce mistakes and anything questionable.
I also get a consultation with the trustee before I go to the 341 meeting to go over paperwork, ask any questions, etc. Obviously he won't be my trustee, but it's comforting to me to know how they think and what I might be up against. Also we have some interesting things going on that it will be good to see how a trustee looks at it and how he can help me phrase things the right way.
Good luck on making your choice!A mom on the Gulf Coast of FL filing CH7 and blogging about it. http://chapter7beforeandafter.blogspot.com
Retained Lawyer: 4/5/10. Filed: 6/17/10. 341: 7/21/10. Discharge Date: TBAComment
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My attorney is also a trustee and things went well for us. I didn't pick him because of this but because he seemed very knowledgeable and was able to answer all of our questions.Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
Deadline to File a Complaint: March 8, 2010
Discharged and Closed March 11, 2010Comment
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It really depends, the main issue you can run into with BK attorneys that are also trustees is that (1) they tend to charge more, but that doesn't necessarily mean you will be better service, (2) if you are a borderline case, the trustee will think twice about pushing a legal point that will conflict with his role as a trustee.
I would NOT base my decision solely on the fact that an attorney is a trustee. Ask the right questions, get a feel for how the case will be handled, etc.
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