Attorney/Trustee/ HELP ME

[ejny65]

I talked to an atty who is a trustee. There are only 4 of them in our area. now, I told him everything which included me being not honest when applying cc 2 yrs ago. (I said I own a home but I rent, I dont know why I said it, I guess I was not proud of not owning home, thats all)
So he knows. but what if for some reason i did not retain him, and what if he became our trustee?
Will he use that against me, Dont tell me he wont remember.. HE WILL RECOGNIZE ME
my conversation before hiring an attorney is not confidential, is it? all these just clicked and I went OMG, OMG.
He is a good atty, and 99% I will retain him, but what if I didn't/couldn't?????

[HHM]

Since you consulted with him as an attorney, he cannot serve as your trustee.

If for some reason he is automatically assigned as your trustee, he will either recuse himself, or if he does not recognize your name soon enough such that he voluntarily recuse himself, you can make a motion to the court for a new trustee.

This situation is really not that big a deal. Most BK attorney's who serve as trustee's, have pretty good conflict checking systems, if they are assigned a case as a trustee on a debtor that consulted with them, they will normally ask the court to assign a different trustee.

[FreshLikeADaisy]

HHM, out of curiosity, what would such a motion be called? I tried to find some info on that but all of my search terms were waaaaay too broad so I came up empty. The whole thing is so rare that I couldn't find much, any info you have would be appreciated. Thanks!

P.S. No, I will not be replacing my trustee... already got the Declaration of No Distribution.

[HHM]

I doubt there is a standard form motion that you will find floating around because the situation does not occur that offen.

Court's are not over-technical about what you call the motion.