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Objecting to Chap 7 Trustee administering case
I would hate having a former opposing counsel as a Chapter 7 trustee of a
case -- the trustees have a lot of power and can make life difficult.
In addition to what Mark Jessee says, I would add that the U.S. Trustee may
want to know about the conflict, too, and may have the power to change the
trustee readily. I would cc the U.S. Trustee, too - if you don't know which
Trial Attorney is in charge, Ron Maroko and/or Dare Law have shown interest
in these conflicts issues regularly.
On Mon, Jan 9, 2017 at 1:58 PM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
>
> Has anyone ever objected to one of the Chapter 7 panel trustees being
> trustee of a Chapter 7 case? If so, what is the procedure? I have a case
> where the Chap 7 trustee assigned is a part of an office that represented a
> creditor who sued debtor in state court and am not sure if debtor will get
> same treatment as other debtors since Chapter 7 trustee's firm represented
> the plaintiff creditor. I think there may be more motivation to be hard on
> the debtor because the state case was very contentious just for the sake of
> showing the firm client that the firm is fighting for it.
>
>
>
> If the debtor already disclosed all financials in the state case would it
> even be worth to object to the assigned trustee being the trustee of the
> case with the case being no asset?
>
>
> Thanks
>
>
>
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Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
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Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
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I would hate having a former opposing counsel as a Chapter 7 trustee of a case -- the trustees have a lot of power and can make life difficult.In addition to what Mark Jessee says, I would add that the U.S. Trustee may want to know about the conflict, too, and may have the power to change the trustee readily. I would cc the U.S. Trustee, too - if you don't know which Trial Attorney is in charge, Ron Maroko and/or Dare Law have shown interest in these conflicts issues regularly.On Mon, Jan 9, 2017 at 1:58 PM, tuanl@stevelopezlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Dear List,Has anyone ever objected to one of the Chapter 7 panel trustees being trustee of a
Chapter 7 case? If so, what is the procedure? I have a case where the Chap 7 trustee assigned is a part of an office that represented a
creditor who sued debtor in state court and am not sure if debtor will get same
treatment as other debtors since Chapter 7 trustee's firm represented the plaintiff creditor. I
think there may be more motivation to be hard on the debtor because the state case
was very contentious just for the sake of showing the firm client that the firm is fighting for it.
If the debtor already
disclosed all financials in the state case would it even be worth to object to the assigned trustee being the trustee of the case with the case being no asset?Thanks
-- WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General Counsel
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The rules of professional conduct apply to all lawyers in California. Ifthere is a legitimate conflict of interest with the trustee's law firm thechapter 7 trustee should recuse himself/herself. The trustee is not
supposed to represent the debtor or any creditor. The trustee might not be
aware of the conflict issue so it might be worth a quick letter regarding your
concern over the perceived conflict. If it is a no asset case, the trustee
probably follow the path of least resistance and withdraw as trustee.
Obviously, it is wise to research the rules and case law regarding conflict of
interest implied from other lawyers in the firm to be on solid footing. If not resolved and you believe there is a conflict, discuss the matter with
your client and determine whether the issue merits a motion to remove thattrustee from the case for the conflict of interest.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/9/2017 1:58:46 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Dear List,
Has anyone ever objected to one of the Chapter 7 panel trustees being
trustee of a Chapter 7 case? If so, what is the procedure? I have a case where
the Chap 7 trustee assigned is a part of an office that represented a
creditor who sued debtor in state court and am not sure if debtor will get same
treatment as other debtors since Chapter 7 trustee's firm represented the plaintiff creditor. I think there may be more motivation to be hard on the debtor because the state case was very contentious just for the sake ofshowing the firm client that the firm is fighting for it.
If the debtor already disclosed all financials in the state case would iteven be worth to object to the assigned trustee being the trustee of the
case with the case being no asset?
Thanks
The rules of professional conduct apply to all lawyers in California.
If there is a legitimate conflict of interest with the trustee's law
firm the chapter 7 trustee should recuse himself/herself. The trustee
is not supposed to represent the debtor or any creditor. The trustee
might not be aware of the conflict issue so it might be worth a quick
letter regarding your concern over the perceived conflict. If it is a
no asset case, the trustee probably follow the path of least resistance andwithdraw as trustee. Obviously, it is wise to research the rules and case
law regarding conflict of interest implied from other lawyers in the firm
to be on solid footing. If not resolved and you believe there is a
conflict, discuss the matter with your client and determine whether the
issue merits a motion to remove that trustee from the
case for the conflict of interest.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/9/2017 1:58:46 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Dear List,
Has anyone ever objected to
one of the Chapter 7 panel trustees being trustee of a Chapter 7 case?
If so, what is the procedure? I have a case where the Chap 7 trustee assigned is a part of an office that represented a creditor who sued
debtor in state court and am not sure if debtor will get same treatment as
other debtors since Chapter 7 trustee's firm represented the plaintiff creditor. I think there may be more motivation to be hard on
the debtor because the state case was very contentious just for the sake of
showing the firm client that the firm is fighting for it.
If the debtor already
disclosed all financials in the state case would it even be worth to object to
the assigned trustee being the trustee of the case with the case being no asset?
Thanks
The post was migrated from Yahoo.