Q: Can a ch7 trustee also be a bk attny for a client seeking ch7 in the same district that the client would file a ch7 ?
86k cc debt; own home w/ nonfiling spouse w/ about 2k in unprotected equity (was told it cd probably be zeroed out) and another home in which I am on title w/ 3 siblings w/ about 10k unprotected equity for my share. Spoke w/ a bankruptcy attny about case and ( i learned later) is also a ch7 trustee in the same district I'd file. He advised ch13 after asking if I did not want to risk losing the home where the siblings live. QUESTION : Can he even do a ch7 if I decided I'd 'take the risk'? Seems like it might be some sort of conflict of interest. Another bk attny recommended trying a ch7 and then convert to a ch13 if it looks like the house wd be at risk, but I was concerned about randomly getting the trustee I spoke w/ already. OTOH, I'd go w/ this trustee/attny for a ch7 and convert to a ch13 if needed if it were allowed and not a conflict of interest.
A: Yes a chapter 7 trustee can serve as a Bankruptcy counsel in a Chapter 7 matter that he is not appointed to.
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