Your attorney who is a trustee

[mayhave2file]

Starting my search for a lawyer and have come across many in illinois that are also District trustees. Has anyone used a lawyer is was also a trustee in he same District?

I can see both positive and negative reasons to use one but wanted to get some insight from here too.

I am soooooo glad I found this sight and have some time to do this right.

Thanks in advance

[magyar123]

One advantage of a lawyer also being a trustee is that he/she would know exactly how to properly complete everything to the last detail, and/or how you could possibly "cook" up some data that will fly.

[TEW]

I had a consultation with one lawyer that was a trustee. I would have gone with him but he wanted more money then the others.
I didn't think it made any difference since my petition was going to be submitted as per the BK code.

[HHM]

One disadvantage is that if you are a borderline case, a trustee/attorney may not aggressively fight the position that could make his job as a trustee harder or less lucrative.

[magyar123]

One disadvantage is that if you are a borderline case, a trustee/attorney may not aggressively fight the position that could make his job as a trustee harder or less lucrative.

Yeah, but one's own lawyer will not be THE filer's trustee.

[StartingOver08]

Yes, but if your lawyer is the one that is also a trustee - he is not going to stand firm or challenge something your trustee said BECAUSE he would rather get along with all the trustees then protect the debtor. He works with the trustees in the district every day. He works with the debtor once. Who is going to benefit - the trustee - not the debtor.

Hope I said that so it makes sense. I am not suggesting that the lawyer/trustee will deliberatley do anything to hurt his client. I am suggesting that he will also not stand up for his client the way a lawyer advocate would/should. JMO. The way the HHM phrases it is perfect - that is exactly what I would think would happen if you have a trustee representing a debtor.

[bookwyrm]

There are only two trustees in our district. Our thought process initially was, since there are only two, they would be more familiar with what possible "hot buttons" were with each other. Also, they would be familiar with the areas that the US trustee in our district could possibly have potential objections to.

We were lucky, we had initially planned to have a consultation with both of them, but we ended up up with the first one we consulted with. He and his office staff made us feel that comfortable right off the bat. It worked out wonderfully in our case.

[HHM]

Yeah, but one's own lawyer will not be THE filer's trustee.

Please, live in the real world for a second. Trustees are human.

Just in my district, dispite case law to the contrary, every trustee is still fighting the ruling that a debtor can claim the car ownership expese (i.e.car payment) on the means test even if the debtor does not have a car payment.