Would you choose a lawyer who is a trustee over another lawyer?

[meinnc]

I am looking into Chapter 7....right now I'm interviewing lawyers (phone consultations only so far).

I just found out from one attorney that another who I spoke with is one of the area trustees.

I liked that particular lawyer and considering that he is also a trustee, is the case closed? Should I automatically go with him since as a trustee, he may pull some weight around here? I know he won't be my trustee, but I'm just wondering, does my lawyer being a trustee offer me advantages?

Please someone answer! I am needing to call to make an appointment today. Thank you!

[kathy4530050]

If I were in your position, I would DEFINITELY go with the trustee. If there is anything in your case that would raise a red flag or anything that is subject to interpretation, it seems to me that the trustee would most certainly know about it.

[TEW]

There are definitely pros and cons. The lawyer/trustee knows the BK system very well. But if your case gets a bit sticky he may not want to ruffle any feathers. They are human believe it or not and they know who is buttering their bread.

[kathy4530050]

There are definitely pros and cons. The lawyer/trustee knows the BK system very well. But if your case gets a bit sticky he may not want to ruffle any feathers. They are human believe it or not and they know who is buttering their bread.

Hmmm . . . I thought WE buttered their bread. Don't they get a cut of everything they can collect?

[kathy4530050]

But then again . . . it's kind of like working for the prosecution and the defense simultaneously . . . maybe NOT such a good idea. Don't know.

[meinnc]

Well, I just called his office and found out that he was a trustee for 29 years and is getting out of the trustee field, but his son is now a trustee here. They share a joint law practice.

I was told that likely my trustee would be another man and they gave me his name, since it couldn't be the son of my lawyer.

I don't know if I'm assuming too much, but it seems to me that having the father of a trustee might be good. I'm thinking he's got to know the other trustee and perhaps the trustee assigned to my case would be nicer to me since my lawyer is the father of his fellow trustee. Maybe they are all friends and know each other :lol. I have a pretty cut and dry Chapter 7 case, but still want the best representation for my case possible. I just wonder if I'm thinking the right way for selecting a lawyer.

Maybe I'm thinking about this waaay too much....I don't know. I just get the feeling that perhaps I should go with this man due to his experience, having been a trustee himself, and now the fact that his son is a trustee.

Any thoughts?

[cursedbycc]

If it were me, I would go with him.... Good luck with your decision.

[spearmint]

How do you find out if your attorney is a trustee??????

[meinnc]

Spearmint,

It was pure accident for me. I have spoken over the phone with 5 attorneys and one of them asked if he was the first attorney I had spoken to. I told him no and gave him the name of the others I had spoken with.

He proceeded to tell me the reputation of each attorney I spoke with (he was very positive) and included in his info that one was a very well known trustee, the one I was thinking of going with.

I then called that attorney's office and asked who the other trustees in the county were. The secretary told me it was the son of the attorney I'm thinking of going with and told me who my trustee would likely be, since it can't be the son of my lawyer.

Anyhow, I guess the point is, you could probably call to any office and just ask who are the trustees in the county. I'm not sure, but that's how I found out!

[jeb]

Meinnc, if he is not a trustee now or getting out shortly I would think he would be a plus - he knows the system backwards and forwards.

It's like having an Attorney against an insurance company who use to work for insurance companies - they know what the companies will accept and what they will fight against. - jb

[DebtStinks]

Chapter 7, 12 & 13 Private Trustee Locator

Might take a look at that link.

[TEW]

Hmmm . . . I thought WE buttered their bread. Don't they get a cut of everything they can collect?

The UST butters their bread make no mistake about it.

[jeb]

The UST butters their bread make no mistake about it.

I guess it has always been that way but sure seems to be more of it now than in the past. - jb

[BnkrptcyLwyr]

I guess if you like paying extra.

Let me give you an example ... here in Michigan, one of the Chapter 7 trustee's firms also does Chapter 13 debtor work (on occasion). This firm's fee applications for Chapter 13 work are nothing short of ridiculous, like 5-6k sometimes. And for work that is ... typical.

Most Chapter 7's are relatively straight forward, and not very difficult. There is no real need to hire the Trustee's firm, unless you like overpaying.

Now, if you have a complex case (there's fraudulent transfers, businesses, other more difficult issues), then it might be worth it. But if you just work your 40 hours, get a paycheck, have a couple cars, regular joe type stuff ... just get someone reasonably priced who you like working with, and who knows their stuff.

[HHM]

I don't think you can make the determination based solely on this factor, trustee vs non-trustee.

I personally think that trustee lawyers are more conservative and less likely to mount a challenge in a borderline case. And, many use the trustee thing to justify charging more, but not necessarily provide a better service.

Ultimately, you need to base your decision on your comfort level with the attorney. Did the attorney talk about your short and long term goals, do they not only address the immediate problem, but look at the big picture and give advice accordingly. Do they have a regimented case processing system, i.e. do they have a set system for case prep with a definate date to have your case ready, or do they tell you "get us your info and we will call you when its ready."