attorney

[karm43]

Wow here is what I learned, question attorney! Was gonna file Thur, however payment was astronomical,sooo I started questioning pretty much on everything. like he never heard of interest on a car being reduced then he found a way to do it. My retirement couldn't count ohh then he put it in another schedule etc. Problem to bad i could not count my cell phone cable and internet.
Has anyone heard of getting a additional amount off your DMI for a old car that is paid? He mentioned this. I said maybe I should buy another car before I file. For some reason he tryed to stir me away from that. My hub car really old tons of miles.
Guess he realized I was so upset so now he is looking for a way to reduce my payment. Hope it works out, cause I am getting scared. I wanna pay but I need to live too.

[HHM]

Sounds like a newbie in the chapter 13 world.

However, he may be correct on the car, the courts are split on what is known as the "older" or "high mileage" vehicle enhancement to Vehicle Operating expense. Within the IRS collection handbook (which is not part of the collection "standards") it allows a $200 additional vehicle "operating" expense above the local standard. Some courts say no, you can't take it, because that enhancement is not part of the "standard", others say you can... and still others split the difference and say you can only take it if you have no car payment (vehicle ownership expense) most trustees objection to it.

Also, it is usually a BAD strategy to buy another car.

But as for the other stuff, the retirement, the interest on vehicle (which is called a "stretch out"),cable, phone, internet do all count (although some trustees will object to the amounts if they seem high). So, the fact he didn't know that stuff is concerning.

[sunshinepa]

Hi karm. Haven't been here in ages due to family illness but hope I'm back.....LOL.

I filed in the Middle District of PA......was allowed an additional 200.00 for my car in a Ch7. Attorney stated it's pretty standard in this district.....hope that helps and maybe your in the same???

[karm43]

I think he was playing me he a chap13 attorney for 27 years. When I started questioning everything thats when he seemed to start helping me. That is exactly the thing he wants to do with the car said he wasn't sure if trustee will allow it. So what should I do about the cable put a lower amount? Or just suck it up? Thanks for your input!

[karm43]

I am in the middle district so maybe i will get lucky!

[mountanddo]

I think he was playing me he a chap13 attorney for 27 years.

What would be the benefit to himself to play you? Sounds to me that he isn't knowledgeable to issues pertaining to your case. I'd find another attorney.

[karm43]

Idk why but I know he knows what he is doing maybe more money.your not a chap13 attorney for 27 years yet rated top in the area and know nothing. Maybe just easier if it was straight forward? After I started questioning it went down like almost 400 dollars. Plus I paid him a retainer do not want to lose it. So i am gonna keep him unless something really bad happens. He said he knows what flys with the trustee so im thinkin he prob does.

[mountanddo]

Idk why but I know he knows what he is doing maybe more money.your not a chap13 attorney for 27 years yet rated top in the area and know nothing. Maybe just easier if it was straight forward? After I started questioning it went down like almost 400 dollars. Plus I paid him a retainer do not want to lose it. So i am gonna keep him unless something really bad happens. He said he knows what flys with the trustee so im thinkin he prob does.

Well ok, but I hope you don't come back 6 months from now and complain that your attorney is terrible because you have a chance NOW before you file to remedy that. I'd have a hard time having an attorney represent me if I didn't trust him and thought he was trying to pull the wool over my eyes. Is it possbile you aren't giving him all the information he needs? The attorney doesn't get paid a percentage of what your DMI is so whether you pay $100 a month or $2000 he get his fee.

[LadyInTheRed]

It sounds to me like the attorney delegated the work to a paralegal or associate and didn't really take a close look until you started asking questions. No attorney is perfect and many are far from it. Even when we are represented by attorneys we have to remember that the attorney works for us and we are our own best advocates.

It is important to understand how your attorney calculated your plan payment and everything else in your petition. After all, when you sign it, you declare under penalty of perjury that it is accurate. You can't know if it's accurate if you don't understand it. It is your attorney's job to explain what you don't understand.

karm43, keep making sure your attorney does his job!

[karm43]

I think after talking to me he knows I have some knowledge of chap13. It is just him and his paralegal in his office thats part of the reason why i picked him and he has answered every question when i email him. He went over everything thats when I started questioning himon certain things. I have alot of issues with my 13 so its not just credit cards which would be easy to file so he has a project ahead of him. lol

[sunshinepa]

I think he was playing me he a chap13 attorney for 27 years. When I started questioning everything thats when he seemed to start helping me. That is exactly the thing he wants to do with the car said he wasn't sure if trustee will allow it. So what should I do about the cable put a lower amount? Or just suck it up? Thanks for your input!

I have to say that your cable and cell phone should be included. My attorney initially put my expenses way higher than I actually had, I was in panic mode. He politely informed me that the trustees in Middle District expect you to have reasonable expenses. He put my cell phone at 80.00 a month........I use a Tracfone and don't spend anywhere that much as I am very frugal with that and most utilities. I kept waiting for the trustee to nail me to the wall and felt dishonest but that's why I paid him 1800.00 to file it I guess. Bottom line, trustee never asked any questions, was at 341 less than 1 1/2 minutes, discharged and closed on the 61st day.

Don't suck anything up, that's why you are paying for an attorney, especially if the expenses are reasonable. Keep us posted and good luck with this guy!!!