Can I trust an Atty that's also a Ch. 7 Trustee?

[southernbelle]

I've been frantically researching and reading everthing I can get my hands on because I have an unusual situation because of a failed business and I am preparing for the worst . I recently found the names and contact info. of the 3 Ch. 7 Trustees and the 1 Ch. 13 Trustee in my area.

If I meet with one of them, but go with using another lawyer, could I still end up seeing that Trustee again when I get to court? Should I trust the Trustee to represent me impartially if I decide to use him or do they represent the creditors first and always? My thought is that it will indirectly give me some insight into what to REALLY expect before I actually file so that I'm not caught like a deer in headlights in a couple of months .

[familyof7]

What state are you in ?

[southernbelle]

Louisiana.

[EveryDayAdam]

I certainly wouldn't use the same lawyer who would end up being my trustee. Can you say conflict of interest?

The trustee's job is to get all the money he can for the creditors. The lawyer's job is to try to keep your money out of the trustee's hands. If your lawyer and your trustee are the same person, then I certainly can't foresee a good outcome that is what's best for you.

I would suggest finding an attorney who doesn't also work as a trustee on the side.

[familyof7]

The lawyer you choose would not in no way become your lawyer it is not allowed. The best attorney would be on who is also a trustee because they know the ins and outs of both sides. Dont worry your attorney is bound by attorney client privlage they cant tell anyone your secrets.

[southernbelle]

I think I'll schedule an appt. with one of them tomorrow to get a feel for what to expect from the Trustee point of view. I hope that doesn't sound too paranoid, but I have been loosing lots of sleep dealing with this stuff. I am in the process of gathering my information and making a list of questions for the atty.

Thanks to this great site, my questions are more informed and I have a better understanding of how all of this works. My specific details will need to be addressed by the atty I choose (hopefully I can find a good one).

[CindyLou]

Many attorney's do trustee work on the side. The BK court of course will make sure that you are not assigned to your own attorney. I say if you can find an attorney that is also working as a trustee GO FOR IT!!!!!!! They will know the ins and outs of your district!

[southernbelle]

Thank God for this site. I have learned to much. It makes this process a little less tramatic!! Thanks again for all of your help and tolerance with my dumb questions.

[lrprn]

SB, be sure you do not talk to ALL the trustees in your district. That taints the trustee pool and your court will be forced to bring in an outside trustee to handle your case. No sense bringing in an unknown quantity if that can be avoided

[CindyLou]

Great point!!!

[southernbelle]

Excellent point. I didn't think about that. I just want to meet with one of them to get a feel for what they look for and certain "red flag" items. I can't see how this would hurt in the long run. Thanks again everybody.