trustee filed motion to employ, why?

[ndmike25]

Has this happened to anyone else? What does it mean? Should I be concerned? My BK is nearing discharge so I don't know what this is all about. I'm wondering if I should object so that I can get a hearing on the matter.

[justbroke]

This means that the Trustee is going to recover money for the estate through liquidation. I'm guessing that your case is an asset case. The Trustee employs counsel when there will be litigation. The Trustee needs to disclose this fact because the estate will need to pay the fees. Generally, the Trustee only employs counsel for preferences and sometimes when they're trying to sell an asset, like your home, free and clear of liens. In extreme cases, they may sue for fraudulent conveyances as well.

You can't object to a motion to employ, unless you object to the specific attorney being hired, and even then, you'd have to find a reason to have them removed from the case. So objecting to this, is typically a non-starter, but in certain cases, there could be a conflict of interest. (For an extreme example, perhaps the attorney the Trustee wants to employ, represented your ex-husband/wife in a contested divorce!)

This will not affect your discharge. However, it makes me wonder about what the Trustee is liquidating?

(After posting I realize, that the Trustee can employ other "professionals" as well, such as a CPA, forensic accountant, and others to delve into the finances of the debtor.)