Just met with 2nd attorney and feeling depressed

[midnight]

We are currently with CCCS for about 32k in CC debt (was originally over 42k so we've paid 10k towards that). However, the $930 payment is killing us, particular with DH's OT being cut. I've tried to get extra hours at work with no success (I work part-time). Also applied to some full-time jobs with no response.

So to weigh our options, we met with the first attorney last week who said we might be able to get the payment down to $450, after quickly doing the means test to get an idea where we might be at. He was ok, definitely knew what he was talking about. Talked to my husband more than me, which was annoying, but whatever.

Just met with second attorney today and man, I feel so depressed. He flat out asked where our money goes each month, that we basically make enough that we shouldn't have to file 13 (we make slightly more than the Illinois means). He thinks we should continue to keep paying it, or stop paying and try to settle with them once they go into collections. He was just overall very condescending and we felt worse than when we walked in if that's possible. I mean, the only frivolous expenses we have are Verizon and DirecTv, so we could save $200 a month, which wouldn't even put a dent in it. We rarely, if ever, eat out, and are trying to cut back on expenses as much as possible. Then he proceeds to tell us the payment could possibly be lower but until he does the means test and we pay him $1,200 he won't know for sure.

Not sure now if 13 is the answer for us. Going to see if we can get a lower payment with CCCS, although I don't know if they'll do that. Just feeling so bummed right now. I was just looking for a payment that is a little easier, I'm not asking for a free ride you know???

[tkharvey]

No lawyer should make you feel like that. I think you would agree that we feel like that ALREADY!!! We don't ned anyone reminding us.... You do what you feel like you need to do, and if that includes BK, then go for it. It's your financial life, not the lawyer you spoke with! Good luck with whatever you decide. Things will get better!

[2xBK]

Well lawyer number two is out of the question. Do not despair though, you should see two more before you pick one. Keep your head up, and make two more appointments. You'll be glad you did.

[Ifonly]

I agree with the pp with respect to seeing a few different lawyers. Also, you should arm yourself. Before we met with our lawyer, I had a spreadsheet detailing exactly what money came into our household and what went out. It's very easy for outsiders to ask, "well, what do you spend your money on?". They forget about the prices of even milk, bread, meat, medical insurance, etc. It all adds up. It would be a good exercise for you as well so that if you file a CH13, the idea of budgeting won't be as intimidating. The first step of budgeting is knowing what you're currently spending and on what. Then you can make informed decisions about what you wish to change. And I agree with you that canceling DirecTV is not going to zap your debt. I would think about canceling premium channels if you have any as being $12 or $20 you just don't have to spend. Those little things add up as well. Hang in there!

[NowImDownInIt]

Ick, this is why you see several attorneys before choosing one. The second attorney has no business being a bankruptcy attorney if he doesn't understand how you can be in debt. A good bankruptcy attorney can look at your budget and see all the little things that add up, like laundry soap and the rising cost of food. A good attorney will know just by looking at your income and credit report just how in over your head you are. My friend is going through something similar. Her husband used credit consolidation on his credit card debt and totally screwed his credit, because though he has been making the payments, the consolidation company hasn't been paying the creditors. That doesn't happen in a bankruptcy. The trustee might not be our best friend, but he makes sure your creditors get paid and your credit doesn't end up more screwed up than it was in the first place from filing. I would suggest seeing another attorney or two. Don't get discouraged or depressed. Don't let a BK attorney make you feel worse than you already do, because remember, we are their bosses. We make them their money. Good luck, keep us posted on your attorney finding process.

ALSO, make sure you wait a few months to file for that OT to fall off your income, because they generally take an average and that's what hurt me.

[midnight]

Thanks everyone. Definitely planning on seeing a couple more attorneys. Kinda stinks cuz the first two I've seen were recommended to me. I liked the first one, but I'm still awaiting him to return my call from Monday. Back to the drawing board.

What makes me mad is that I created an excel spreadsheet of monthly expenses which shows exactly why we are in the situation we are in. And other than gas, none are expenses that are considered frivolous (well except Directv). So I plan on bringing them to the next attorney consult. I WISH I would have had it yesterday since I just got all tongue-tied and basically froze when he asked what we spent our money on.

I work with attorneys so I know they're not all like him, but he's definitely why they get a bad rap that's for sure. Keeping fingers crossed that my new consults go better.

[oldhack]

I was in a similar situation when I filed four years ago: paying $1400 a month to CCCS, and having NO discretionary income. My Chapter 13 payment for 42 months was $674, so the $450 figure the first attorney quoted you sounds reasonable.
I wound up living a lot better during bankruptcy than I did the last couple of years I struggled to stay current on my debt (of which 80% of the unsecured part was paid by the BK anyway). I managed to save enough to get a mortgage less than two months post-discharge.
There's no explanation except arrogance for the second lawyer's shabby treatment of you.