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Should I use a Trustee as a lawyer?

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    #1

    Should I use a Trustee as a lawyer?

    I'm in Austin Texas and I'm trying to decide on a lawyer to file Ch 7. So far I've eliminated a couple that said "Come on down and I'll wipe any debt away that's older that 3 months".

    I found a lawyer that was listed on our state's bankruptcy court website as a Trustee. Is it a good idea to go with a lawyer like this or should I stay away? I have a meeting with him coming up soon and so far all communications have been very professional and helpful. Thanks for the help.
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    #2
    Trustees aren't any more knowledgeable in the Code than any other good BK attny.

    The one thing you do gain, possibly, is an inside track on what will or won't fly. Your attny may know how the other Trustees think. What they like or don't like to see. What they will or won't allow.

    It can't hurt and might even help.

    But be aware,.......... If the Austin Trustee pool is small and there's only 2 Ch 7 Trustees,.............. If you Consult with one, that means the other one is automatically gonna be your Trustee. If you Consult with both of them, you taint the Trustee pool for your Court. Then the UST's Office has to pull in a Trustee from a different District to hear your case.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      My attorney is also a trustee. As SF said, with a trustee, he/she knows what flies and what doesn't, at your local court. She did point out 3 rather uncommon characteristics with my case and provided the pre-emptive CYA's. She basically made my case totally bland and 'uninteresting' to the trustee. Made it stealthy and to go under the radar.

      Now, this doesn't mean other BK attorneys don't know how your local court works. All the competent ones would know. It is their job. Their living. The keyword is "competent".

      Comment

        #4
        Originally posted by HelpMeFast! View Post
        I'm in Austin Texas and I'm trying to decide on a lawyer to file Ch 7. So far I've eliminated a couple that said "Come on down and I'll wipe any debt away that's older that 3 months".

        I found a lawyer that was listed on our state's bankruptcy court website as a Trustee. Is it a good idea to go with a lawyer like this or should I stay away? I have a meeting with him coming up soon and so far all communications have been very professional and helpful. Thanks for the help.
        I would say if you can get one, it can only help you as they do have insights and probably some "professional courtesy" if you know what I mean.
        Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
        Plan Confirmation 6/16/06 :yahoo:
        Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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          #5
          I prefer lawyer with trustee experience.

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