Choosing an attorney question

[njguy1972]

Hello

I am on the borderline of Ch7 and 13 based on exemptions. I was referred to an attorney that is also a trustee. I have a free consultation with him next week.

I see this as a positive because if he says I am a ch 7 the trustee over my case may give him the benefit of the doubt since they are both trustees. On the other hand he may be conservative and steer me to ch 13.

Does anyone else have experience with working with an attorney who is also a trustee.

I guess at the least, if I talk to him and decide not to use him, he will not be allowed to serve as my trustee since that can violate my rights based on what I say to him in the consultation.

[StartingOver08]

I would not go to an attorney that is also a trustee. You are asking the attorney to set aside his trustee hat to represent you. The trustee represents CREDITORS in a BK. You are the debtor. IMHO it is not a good idea.

[Mi Bankruptcy]

I think it's an excellent Idea. They are there to be fair and do things correctly. I called a law office associated with the trustee and they referred me to an attorney. I also checked to see if there were any complaints on my attorney. Basically, who knows better about paperwork?

[wonkettegirl]

My atty is a trustee and I trust him. The fact that he is a trustee makes me believe these things: he knows the law, the court is familiar with him, the court trusts him.

[HHM]

You need to base your decision on your comfort level with the attorney. Ask questions, make sure the attorney is in line with your goals etc. But, also listen to his advice and allow him to educate you if your goals are unreasonable or unworkable.

As for using an attorney that is also a trustee. I think the only time that may work against you is that a Trustee/attorney may not fight a borderline case for a debtor on an issue that would effect his ability as a trustee (i.e. make is job harder or less lucrative). Trustee/Attorney's are good at knowing where the "line" is, but probably not that great and moving the line for the debtor's benefit.

[2Bshinyandnew]

You need to base your decision on your comfort level with the attorney. Ask questions, make sure the attorney is in line with your goals etc. But, also listen to his advice and allow him to educate you if your goals are unreasonable or unworkable.

As for using an attorney that is also a trustee. I think the only time that may work against you is that a Trustee/attorney may not fight a borderline case for a debtor on an issue that would effect his ability as a trustee (i.e. make is job harder or less lucrative). Trustee/Attorney's are good at knowing where the "line" is, but probably not that great and moving the line for the debtor's benefit.

An attorney's "oath" I guess you can call it is to 'zealously' represent his client. Whether his/her client is the debtor or the Estate, the attorney's responsibility is first and foremost to his client.

One attorney I am seeing for a consult this week is in the midst of litigating a case where he represents a large bank. Due to a conflict of interest, he cannot take on clients who have mortgages with this bank. When I called for a consult he first question the receptionist asked was if i have an account/loan with this bank (I don't). It doesn't stop him from representing individual debtors. I already like this about this attorney, it not only makes me feel confident because a big bank hired him, but he knows HOW the creditors think, if that makes sense? We'll see how it goes (and how much he charges!!!!)