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    #1

    First BK consult

    Well i went to my first consult and was not impressed. I honestly think I knew more than he did

    First the lawyer that I was scheduled with wasn't there so I had a consult with someone else. He took down my general information, wages and asked how much we owed, how much on the house. I had told him in the beginning that we had a CH7 discharged in 8/2005.

    He suggested we don't file a 13 and either wait it out til we can do a 7 again ( that's 3 LONG years) or go the credit counseling and recommended " Clear Choice". I told him we tried credit counseling and couldn't afford the payments. I told him if we tried to wait it out we would be sued ( cap one) already filed suit). He didn't think we could afford a plan payment, yet we could afford credit counseling??

    Well i guess I will be making another appointment with another attorney.
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    #2
    He recommended credit counseling???

    Glad that you are interviewing other attorney's. Hopefully one that has experience filing Ch 13's and knows how to work the budget appropriately.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009
    I am not an attorney. None of my advice is legal advice in any way..

    Comment

      #3
      Yes and the company he recommended is a DEBT settlement company

      Comment

        #4
        Sounds like there is an "arrangement" between the parties. You are doing the right thing by finding someone else. Don't be in a hurry to hire someone - check out the attorney because we have seen some doozies on here.... Hopefully you get an attorney like HHM or MSbkattorney or BKDefender...They know their stuff.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009
        I am not an attorney. None of my advice is legal advice in any way..

        Comment

          #5
          Originally posted by Momof123 View Post
          Well i went to my first consult and was not impressed. I honestly think I knew more than he did

          First the lawyer that I was scheduled with wasn't there so I had a consult with someone else. He took down my general information, wages and asked how much we owed, how much on the house. I had told him in the beginning that we had a CH7 discharged in 8/2005.

          He suggested we don't file a 13 and either wait it out til we can do a 7 again ( that's 3 LONG years) or go the credit counseling and recommended " Clear Choice". I told him we tried credit counseling and couldn't afford the payments. I told him if we tried to wait it out we would be sued ( cap one) already filed suit). He didn't think we could afford a plan payment, yet we could afford credit counseling??

          Well i guess I will be making another appointment with another attorney.

          Sorry to hear about your situation.

          I would be sure to get a referral from someone you can trust. Lawyers really are a pain in the ass for the most part, but there are some good ones (a few on this site).

          Light is at the end of the tunnel my friend.

          Comment

            #6
            You need to know that when you have a consultation with an attorney, they will "recommend" what you should do - you don't have to do it...you are not retaining the attorney, you are looking for advice as to what to do as to your particular situation as to your total financial picture. Since you filed in 2005, you cannot of course file another Chapter 7 at this time. So your options are a Chapter 13, wait until 8 years have past since your previous Chapter 7 filing date or investigate settling your debts or otherwise. Most attorneys will tell you straight up what you should do after reviewing your financial picture but cannot make that decision for you. It is up to you to review your situation with what you were told and go from there. Yes, I would get a few more consultations but realize your options are limited as to what you can do since you cannot file a Chapter 7.
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006
            "A credit card is a snake in your pocket"

            Comment

              #7
              You stated the attorney doesn't think you can afford a plan payment. Do you think you can afford a plan payment? How much is your debt? Income? Have you figured out your dmi or decided which expenses you can possibly cut to fund a plan?
              Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
              0% payback to unsecured creditors, 56 payments down, 4 to go....

              Comment

                #8
                Originally posted by momofthree View Post
                You stated the attorney doesn't think you can afford a plan payment. Do you think you can afford a plan payment? How much is your debt? Income? Have you figured out your dmi or decided which expenses you can possibly cut to fund a plan?
                Not sure he how he would know that he didn't even know our mortgage/car payments or others expenses. Between the 2 of us we made 49K last year ( down from 69K previous year hence the situation) our total debt was approximately 34k last june I am sure it is way up there by now.

                Mortgage 834.00
                car payment 224.00
                car insurance 166.00
                electric 135.00
                phone 85.00
                cable 85.00
                water/sewer 45.00
                gas for cars 450.00 ( we both drive 5 days a week to work)
                food and misc and estimate 800.00

                2824.00 total
                net income 3440.00
                616.00 left but I know I am not including other expenses

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