What if I don't agree with the attorneys plan?

[tinfoilhat]

In a week I go to see him and review the plan.
As always I get screwed over, I already paid the guy $1500.
I wanted a chapter 7, this guy says I'd be better off with a chapter 13.

During the consultation he said I'd pay $100 a month for 36 months.

I recieve no income.

I do not want a payment plan.

I have 10 CC's totalling $53,000

I recieved a summons from one credit card, it's status is answered.
It was going to be taken care of in the bk, but what if I walk away from bk for now?

I have a whopping three assets that might draw interest. A pistol, a '01 car and a 240,000 mile truck. According to their calculations my vehicles will just barely be covered by exemptions.

I sold a vehicle late april for $8000 and have used up all but $1000 on necessities, dental work, bills, attorney fees, etc.

The reason he said for a chapter 13 is to protect my assets and prevent trouble with the car I sold.

At this point I am tired of dealing with this, I've consulted 6 attorneys and they all have different plans, the only reason I went with this one is because he said my assets won't be a problem, won't even be looked at, and I can file when ever I'm ready.

I know I'm going to end up disappointed. I guess I'm going to hear him out.

If I don't like it, what can I do?
I have no income and everything I read clearly says that a chapter 13 is a wage earners bk, because it's for people who can make regular payments.

My $1500 reciept says no refunds, but it also says for services rendered in connection with a chapter 13.
Do I have any recourse for paying for a service that cannot be given to me and get my money back?

What should I do about this entire situation?

[Flamingo]

Were you receiving income when you consulted initially with this attorney and agreed to this plan? When did your income stop and yes the $8,000 from the car is something to worry about. Does your attorney know you have no income now to fund the Plan?

[pcn]

Was the $1500 full payment upfront, or were the future payments in the plan to cover more of his fees. If you walk now, would you be liable for any more fees to him, or is it just a matter of trying to get some of what you've already paid refunded? To the others reading this, can he fire the atty and be clear, or will the atty try to get more?

[tinfoilhat]

Were you receiving income when you consulted initially with this attorney and agreed to this plan? When did your income stop and yes the $8,000 from the car is something to worry about. Does your attorney know you have no income now to fund the Plan?

I haven't recieved income in over a year and I told him this.
I never agreed to a plan.
He knows I have no income and I told him I don't want to make payments, this was on the sheet I filled out before I even talked to him.

Every attorney I consulted with before the car sale told me I'll lose it in the bk or I can sell it for fair market value, and spend the money on necessities, and then file bk. Thats what I did, sold it for fair market value.
Every one after the car sale asked the same thing, have I been using the money on necessities, yes I have. I even asked if there is a time frame between selling the car and filing and I was told no.

[tinfoilhat]

Was the $1500 full payment upfront, or were the future payments in the plan to cover more of his fees. If you walk now, would you be liable for any more fees to him, or is it just a matter of trying to get some of what you've already paid refunded? To the others reading this, can he fire the atty and be clear, or will the atty try to get more?

So far I consulted with this guy, made a $1500 payment, filled out the information packet and turned it in. Next step is to go in on the 9th and review his plan. But it's a chapter 13 plan, I don't want a chapter 13. I'll wait or whatever, or not file period.

He lured me into this by assuring me everything will go ok, my assets and the car sale won't be a problem with a 13. He said with a 7 the trustee will probably take all they can get and try to sue the buyer of the car I sold.

On my reciept it says
Legal fee: $3000
Cost: $500
Less fees paid in chapter 13 plan: $2000
Amount paid: $1500

[HHM]

What are the assets that are causing the problem.

Also, how exactly do you pay your expenses if you don't have income or source of funds?

[tinfoilhat]

What are the assets that are causing the problem.

Also, how exactly do you pay your expenses if you don't have income or source of funds?

I live with and take care of my father who is a 100% disabled vet. He gets a disability check and SS.

Assets causing problems. I guess one I sold in late april 2009.
And my car I drive now is exempt according to this attorney. I've had others tell me to have it appraised. It's a 2001 Z28, it's nothing. I have $5000 in vehicle exemptions and also own a truck with 240,000 miles on it.

[woeisme]

When you go talk to the guy, tell him that you don't think a CH 13 will fly with the trustee since you have no income, no history of income for the past 6 months, and no anticipated income to show the trustee/judge. If he's honest, there is no way he can say the CH 13 will ever get approved if there is no way to fund it. If he's dishonest, I'd be very interested to see how he tries to justify this plan ever flying. Tell him flat out you want to file CH 7, that the $1500 should be used to cover your CH 7 filing, and let the chips fall where they may. Filing a totally unworkable CH 13 plan to avoid some "maybe" problems in a CH 7 is crazy. You can document that the car was sold at fair market value and the proceeds spent on necessities, so the trustee doesn't have a leg to stand on undoing that. Good luck!

[walkthaplank]

Tinfoil discussed this earlier so there is a lot of rehashing of the same questions. Tinfoil, correct me if I'm wrong.

He sold a car to his ex-girlfriend for fair market value, used the money to pay bills and living expenses. Should be nothing to worry about.

Care provider for disabled father. Lawyer tells him that his dad should give him the money to fund his CH13 plan.

Lawyer is telling him CH13 is the only way to go due to transfer of assets (car sold at FMV)

This lawyer is essentially pushing the 13, possibly for the money. He has no money for the 13, the only way to convince the trustee that you can fund a 13 is to lie about income (dad giving money to pay it masked as "income").

Did I miss anything?

[HHM]

The sale of the car is such a NON-ISSUE. If you sold it for FMV and used the money on necessities, no one is going to care. Even if you didn't sell for FMV, all the trustee does is go after the person you sold it to, it really doesn't effect YOUR BK.

Also, if YOU don't have any source of income, you don't qualify for a bankruptcy (section 109).

Unless there are other non-exempt assets, go find an attorney to do a chapter 7.

[tinfoilhat]

Tinfoil discussed this earlier so there is a lot of rehashing of the same questions. Tinfoil, correct me if I'm wrong.

He sold a car to his ex-girlfriend for fair market value, used the money to pay bills and living expenses. Should be nothing to worry about.

Care provider for disabled father. Lawyer tells him that his dad should give him the money to fund his CH13 plan.

Lawyer is telling him CH13 is the only way to go due to transfer of assets (car sold at FMV)

This lawyer is essentially pushing the 13, possibly for the money. He has no money for the 13, the only way to convince the trustee that you can fund a 13 is to lie about income (dad giving money to pay it masked as "income").

Did I miss anything?

No, you are 100% correct and accurate.

I just brought this up because in a week I need to talk to him and review the plan he's worked up and file or not. I don't want a 13. I've had time to research it and I don't want a 13.

[tinfoilhat]

And one other thing.
I did pay the guy the price for a chapter 7, and he has my money for one. I really do not feel comfortable going with him on a 7 if he's trying to push me into a 13.
Would it be wise to stick with this guy through a 7?
Honestly I'd rather walk away from the $1500 than make him do a 7 for me.

So basically I need to prepare for this. If his plan is still the 13 and have my dad fund it, I want to get as much of my money back as possible and find someone else.

Whats the best course of action to get my money back if he worked up a 13 plan?

Tell him what walkthaplank said? the only way to convince the trustee that you can fund a 13 is to lie about income (dad giving money to pay it masked as "income")
Say I'm going to report this to the state bar and that I want a detailed list of services provided by him to date and want my money back?

[Amy26]

I would get a decent lawyer...that guy sounds like a tool.

Pardon my french...er...english.

[tinfoilhat]

More opinions are always good. Like why does flamingo say the money from the car is something to worry about, then HHM says it's such a non issue?

[Tbornetun]

The sold care is a non issue if it was sold for FMV and the money was used for living expenses. What kind of moron would attempt to file a 13 with your income, or should I say lack of income? This guy sounds like a crook. You already paid him, he works for you. Tell him he will file a Chapter 7 for you and he needs to give up on this 13 crap.