What would that pros and cons be of hiring an attorney that is also a trustee for my district? I've been looking up bk attorneys in my area and found out that about four of them also serve as trustee for bk in my district. It makes sense to me that hiring someone with experience on both sides of the fence would maybe be a plus. Any thoughts?
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Filed Chapter 7 April 29th, 2010
341 June 1st, 2010
Report of No Distribution June 2nd, 2010
Discharged and Closed 8/10/2010 -
It is really the wrong approach. You really want to find out how your case will be handled. The mere fact that a BK attorney is a trustee is meaningless. You could easily get crappy service and pay more simply because the attorney bills himself as a trustee.
The other issue, a BK attorney that is also a trustee is not likely to push a questionable case when doing so may hurt his position as a trustee.
This is a good blog post about some things to consider when hiring a BK attorney
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I agree with HHM. The United States Trustee hires the panel trustees. The United States Trustee has a huge book that outlines their position on every line of every schedule in the bankruptcy forms -- and none of them are favorable to debtors. In a very real sense, they are his boss and it creates the appearance of, if not an actual conflict of interest.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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Thanks for the replies Msbklawyer and HHM. Perhaps I'm being a little idealistic in this instance. I guess I was hoping that a bk lawyer that is also a trustee could not only work both sides of the fence but also work both sides of the fence from the perspective of each side.
Filed Chapter 7 April 29th, 2010
341 June 1st, 2010
Report of No Distribution June 2nd, 2010
Discharged and Closed 8/10/2010Comment
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We hired an atty that was a trustee for ten years. He is no longer a trustee and I did think that much of his information was helpful. Having a Lawyer who is a trustee would have appealed to me early in the bk process but as I've learned more about the whole process, I think I would choose someone not working both sides of the situation.Filed Chapter 7 August 18,2009
341 scheduled for Oct 7, 2009--DONE!
Report of No Distribution Oct 8, 2009
Discharged & Closed Dec. 14, 2009
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I want my attorney to be working for me, not having to worry about his/her trustee status.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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You've probably summed it up right there frogger.
Thank you frogger and anuta.Filed Chapter 7 April 29th, 2010
341 June 1st, 2010
Report of No Distribution June 2nd, 2010
Discharged and Closed 8/10/2010Comment
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