Lawyer question

[meetsv]

After a few years in this forums, I decided to take the step. I interview a few lawyers and the one we hired sounded really good, but the last few times we try to contact them we have to jump thru hoops to talk to them. Now that we are ready to file, we ask them for a copy of the petition to review before the signing meeting, the flat out told us no, that we have to come in and review it. It's that normal?

Thank you for your responses in advance

[Pjmax]

I don't know if that's the norm or not, but I had to review mine in the office as well. I ended up in the reception area for well over an hour reading every page, and occasionally checking something in my file. He was rather annoyed with me, and I said, 'do you really expect me to sign this without reading it?' He chilled after awhile, and was okay when I asked about a couple things that didn't look correct.

He also didn't give me a copy of the petition until the 341 meeting, but I downloaded a copy from Pacer as soon as it posted.

[despritfreya]

The reason he said no to sending it to you is that he is worried you will file the final official forms on your own.

When our clients want to review documents before coming in we will email them the forms with "DRAFT" written across each page. We will also leave out key statistical pages that must be filed and all signature pages. Our name is on the official forms and we cannot run the risk (regardless of how small that risk may be) that a client will flake out and say "I now have my hands on what needs to be filed so screw the attny".

Des.

[ksgirl38]

My attorney emailed me mine and asked me to review it just to make sure there weren't any mistakes, bu then she still went over it with me in her office. Maybe try that approach.

[lillymarlene]

My attorney had me read the over one inch stack of papers in his office and sign. Then, I was given a copy to take home. I was also given another copy enclosed in a folder at the 341, and I wish I had known he was going to do this. I had other errands, was going back on the train, and stores in that area were out of green bags. Luckily though, a pharmacy gave me a couple of their plastic bags.

[AngelinaCat]

We had to go in to our attorney's office a couple of times to review the forms. There were errors each time. Then when it got down to the last business day of the year, and we HAD to get this filed that day, we camped in her office and reviewed the pages ANOTHER two or three times before she got it right.

[Pandora]

as with the other posters, we were required to go into the office and our lawyers legal guy went over everything with us..step by step, line by line. After we confirmed (or fixed) any errors, we went to meet with the lawyer himself - going over everything once more along with what would happen at the 341. Also given a copy to take with us of paperwork.

[meetsv]

Thanks to all the responses.

Here is what the lawyer is telling me is going to propose for the Chapter 13 payment - 1510.00 a month. We bring home 5600. One car is in the plan and the other outside of the plan. Below are my actual expenses.

House - 1279
Light - 600
Dish Tv - 270
Internet/Phone - 86
Cell Phones - 260
Gas - 57
Car -342
Insurance - 460
Water - 120
Trash - 20
Life Insurance - 133
Health Monitor - 40
Gas Vehicles - 260

All this is 5437-5600 = 163

This numbers do not include groceries, car maintenance, Dr. Appointment, Prescriptions Drugs (diabetes, hearth Problems, around 70 a month). I know I can drop a couple of my expenses, but I still can make it. I live in AZ.

I just wonder if I'm looking at the numbers wrong? Any inside would be greatly appreciated.

Thanks

[Pandora]

You need to claim EVERY EXPENSE you pay for the year - and that includes groceries, health ins. deductibles, copays to drs, dentist, car maintenance, etc. You are set up to fail in a Ch. 13 plan before you even begin if you cannot pay the necessary things.

Do you know why your payment to your trustee is so high? Does that include your house payment? Are you behind in payments?

FWIW, looking at what you have posted above your DISH bill and your cells are high - if you have any movie packages or the "works" for DISH, trustee will probably nix it. Our DISH bill is only $80 a month..and thats for the 250 pkg, so be prepared. Your cell phone bill - how many cells do you have? It may fly but again, depends on the trustee.

Bigger question is are you above the IRS Standards or below?

[meetsv]

Pandora,

Thanks for the response, we are above median if that is what you mean. As to the standards we only got the minimum in the plan. I have 5 cell phones in the plan. One for each of us wife, myself, and two kids, we have one more for my wife dad, he is 67 years old with no land line. We all work and go to school miles away (at least 25 miles).

[Pandora]

If you're above median, then certain things apply for what you can claim, as you seem to be aware of. Just be forewarned that you may not get to claim the amounts you're wanting to.

Also again, if you arent putting expenses that are required (like groceries...biggie there) then your trustee will not approve your plan. Your lawyer should've told you this would be an issue when you met and he proposed your plan payment. A great lawyer will not have you in a Ch. 13 plan that is doomed from the start.

Are you trying to keep things (secured items) or do you have mortgage payments you're behind on? What is the reasoning for doing Ch. 13 vs. a Ch. 7? If the lawyer told you you make too much money to qualify for a CH. 7 (on that basis alone) then you need to find another lawyer.

[Pandora]

Uh. question *raises hand*

According to your previous posts, you filed CH. 13 in 2009 - did you dismiss it? But you also post you were doing a CH. 7 in other posts ??????

http://www.bkforum.com/showthread.php?45755-Advise&p=332819#post332819

[meetsv]

Pandora,

No we explored the possibility of filling, but we never pulled the trigger. To your previous post I have nothing to save, I lost my house and a car in 2009. Yes, he told us we make too much money.

[LadyInTheRed]

Yes, he told us we make too much money.

Your income alone does not determine whether you qualify for a Chap 7. It doesn't sound like you are very far over median. You're a household of 4, right? What is your gross income?

Have you tried running the means test at http://www.legalconsumer.com/bankruptcy/means-test/ What does it show as your DMI on line 50?

What did your attorney list as your expenses on Schedule J?

ETA: You say one car is in the plan but that you have nothing to protect. How much is the car payment being included in the plan? Are you behind on those payments? If so, by how much? How much is the car payment being paid outside the plan?