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Filed today. Lawyer is also a Trustee

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    Filed today. Lawyer is also a Trustee

    Our lawyer filed our Chapter 7 today. We expect our 341 to be the day after Christmas!

    Our attorney is also a Trustee and was President of the U.S. Trustees Organization, 2004-2005. He knows our Trustee very well and expects relatively smooth sailing.

    Normally, he only accepts businesses as clients, but was willing to do our because much of our debt is from a prior business.

    Although not cheap, we hope it is worth it as we have $162k +/- in unsecured debt.

    Any opinions on having a current Trustee serve as your lawyer?
    Chapter 7 Filed - 11/27/07
    Discharged - 2/29/08
    Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
    Finally Closed - 3/1/09

    #2
    Having a Trustee as a lawyer is probably a good thing because they have the experience on both ends. They know what will be required, asked and what to expect.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      That's what we were thinking. Hopefully it pans out.

      Also, I've been scanning this forum for a while now. What a great resource! It is great to be here!
      Chapter 7 Filed - 11/27/07
      Discharged - 2/29/08
      Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
      Finally Closed - 3/1/09

      Comment


        #4
        Welcome to our forum yoyoma51!
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment


          #5
          Good luck, yoyoma51, and welcome.
          Chapter 13 Filed "Old Law"
          Filed: 6/2003 Confirmed: 3/2004
          Early pay off sent: 10/05/2007 - 9 months early
          11/16/2007 - Discharged!

          Comment


            #6
            Thanks!
            Chapter 7 Filed - 11/27/07
            Discharged - 2/29/08
            Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
            Finally Closed - 3/1/09

            Comment


              #7
              Your attorney wouldn't happen to be in FL? and how much is he charging?

              Comment


                #8
                We are not in FL, but here is a link to the list of trustees for all the states:

                Official website of the U.S. Department of Justice (DOJ). DOJ’s mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and


                Many of them are also private practice bankruptcy attorneys.

                He is charging us $1500.00. In our area (WI), the average was about $800-$1000 when we shopped around.

                Good luck to you!
                Chapter 7 Filed - 11/27/07
                Discharged - 2/29/08
                Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
                Finally Closed - 3/1/09

                Comment


                  #9
                  Originally posted by yoyoma51 View Post
                  We are not in FL, but here is a link to the list of trustees for all the states: http://www.usdoj.gov/ust/eo/private_...ator/index.htm Many of them are also private practice bankruptcy attorneys.
                  fyi....be careful not to contact every one of the trustees in your state or part of the state. If you do, then you've contaminated the trustee pool and when you file, the court will have to bring in a trustee from another state or part of the state to assign to your case. That tends to make the bk judges cranky.
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

                  Comment


                    #10
                    Great point, lrprn.

                    I should have mentioned the fact that we did a fair amount of research online about the attorneys we were considering.

                    Many times, there is a lot of information about them and cases they have been or are currently involved in, both as a plaintiff's attorney and trustee.
                    Chapter 7 Filed - 11/27/07
                    Discharged - 2/29/08
                    Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
                    Finally Closed - 3/1/09

                    Comment

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