Q: Should an attorney be more worried about his relationship with a court trustee than representing his clients?
We received a letter from the trustee in a chapter 7 case and, one thing she wrote concerns me. My lawyer whom we didn't feel was doing the best job in the first place apparently told her that he didn't think we'd cooperate with her sending an associate out to value our possessions. It seems like since he works with the trustee on a regular basis that maybe he's more concerned with their relationship than he is with representing us.
To clarify, the trustee wanted the assessor to show up unannounced but, he called on a Tuesday and made an appointment for that Friday. This was the first i heard of someone coming out so i immediately called my lawyer. Lawyer says he's coming tomorrow I told him I just got off the phone with him and he said he's coming Friday. So my atrny got pissey with me and told me to do whatever i want. The assessor told me he got in trouble for not showing up unannounced.
A:
There is clearly a lack of confidence between you and your lawyer, which may be mutual on both ends. Something needs to be done about that, but why would your lawyer think that you would not cooperate with the trustee?
The immediate issue is your cooperation with the trustee. You have a duty to cooperate with the trustee, and that duty extends to allowing the trustee or trustee's representative to personally examine your assets. The failure to cooperate can have very dire consequences.
I suggest you meet immediately with one or more local bankruptcy lawyers for other opinions about the handling of your case. Such consultations are strictly confidential between you and any other attorney who you consult with, and your own lawyer does not need to be informed of it. Often these things have a way of sorting themselves out and going away if the assets have no commercial value. However, the trustee may need to have the assets examined in order to know that.
I hope you get clarity and a favorable resolution.
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