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trustee is attorney that client met with 2 years ago for bk(lol)

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    #1

    trustee is attorney that client met with 2 years ago for bk(lol)

    hows this for luck of the draw lol - saw it posted elsewhere


    I just recieved the case meeting notice...

    My question - and im not sure if this is a legal question and if anyone can even answer this...

    Close to 2 years ago I met with a lawyer about bankruptcy. Of course i didnt claim it - in fact honestly i did continue to use my cards (cause I HAD too) and also had hopes that because i was attending school - I would have a career and be able to pay off my debt.

    This same lawyer is the interim trustee for the case. Is this a conflict of interest? Should I notify someone? Can I get in trouble that I met with him so long ago and didnt claim it then and continued to use my cards - which obviously he did advise me against.

    thanks again!!!!
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!
    Tags: None
    #2
    I would think the trustee (attorney) probably wouldn't even remember him. An attorney would see hundreds of clients in those years, when this filer probably only saw a couple of attorneys. So just because the filer remembers the attorney doesn't mean he would remember the client. But yeah that would freak me out too

    Comment

      #3
      imagine the question from him "when did you consider filing bk?" roflmao
      Im not an attorney or a trustee. You cant trust me either though!

      [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
      [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
      [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
      [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

      Comment

        #4
        If a trustee would remember someone like that after 2 years with all the people a trustee sees then the trustee would make a better living doing something else instead of being a trustee. I don't remember people I saw last week unless they did something "extra special" to make me remember.

        Comment

          #5
          I think alot of people 'consider' BK and then decide to not do it. If someone were in school, and nearing graduation-they would have good reason to expect that there income should improve in the near future. I think the main question would be-if that did NOT happen, did they keep using the credit cards after figuring it out...

          Heck-we considered BK 5+ years ago when DH got the judgement. We knew he also had a judgement on an apartment from before we met, and a CA had contacted him about the balance on a car where he was on the loan w/ someone else... When he left PA, she kept the car and apparently at some point stopped paying for it. We knew we could never pay those things-at the time the 'old' debts totalled more than $10,000 and the new judgement was $3200 when it was filed. But, he was working w/ my brother under the table, and staying home with the kids so they couldn't do anything to him. We didn't accumulate much debt in the interim, though the ~$13,500 did grow to $24,000...
          Last edited by StaciMM; 01-19-2006, 05:52 AM.
          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

          Comment

            #6
            If either party in a bankruptcy proceeding KNOWS that they have had contact with the other (debtor or trustee) before filing bankruptcy (and I'm sure a attorney/client conversation would apply), then a new trustee needs to be appointed.
            The trustee is not supposed to have any prior knowledge of the debtor involved.
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment

              #7
              correct minny and the thread suggested for her to do just that and a change would be made quickly.
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment

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