BK Attorney Shopping.

[Malazan]

Hi All. I am beginning to seriously consider ch13. I would like to hear from you what you looked for in an attorney when you filed. I intend to shop around, but thought I would ask some vets on what their 'aha' moment was when they picked their attorney.

[Malazan]

Maybe I put this post in the wrong area?

[mmptysmom]

Do shop around....only advice I can give as I did not...I consider myself to have good instincts and did a lot of online research before I set up an appointment.Chose a practice that was started by a father with 30 plus years under his belt and went in for consultation.Assigned to the son of the founder and initially thought I didn't need to look further.I'm coming to realize the son is not as experienced as I thought as there has been some errors on his part,not big ones,but errors the same.I'm still new to the process as I filed 11-25,had 341 on 12-12 and am awaiting confirmation. But I've done and will continue to do a lot of research on line. My aha moment was when I found bkforum after I filed....wish I'd found it earlier! Shop around and do your research!!!

[AngelinaCat]

We picked our attorney sight unseen from a list in a Google search. On the initial consult, it seemed that she understood our situation and was very 'simpatico', and we retained her on the spot.

It was only later, after we filed, that she truly did not know her stuff, and allowed us to make all kinds of costly mistakes, that we need not have. She also was non-communicate. Her helper, 'Sue' (I do not know if she was a paralegal) was very helpful. But when she left, and 'Adam' arrived on scene, all communication stopped.

We went to bk court and tried to fire her from our case--but the damage was already done, and would have delayed discharge of our case even longer that it was.

We did not find this wonderful forum, until well after all the mistakes had been made. So you have at least made a good start by finding the forum FIRST.

So interview between 3 - 5 attorneys before selecting one. Read through here and make it list of questions to ask each one. Ask particularly how well they answer client's questions.

[Malazan]

Thanks to both of you. Even though I am newly registered, I have lurked on this site for several years. First was 4 years ago when I thought I would have to file, but was able to liquidate enough to take care of debts. This time it is due to my wife's job loss and recent re-employment at 60% what she used to make (which is still better than a lot of people who lose their jobs, so no poor-me in this post).

I have especially paid attention to the Moderator posts, and have my questions lined up once we take the final plunge. Actually one of the best things I gained from this awesome forum was the advice to shop lawyers. I am just not sure even when we meet with several how best to make the decision on which one to choose, and that is why I am hoping for several replies.

It will be tough to decide whether to trust one we feel 'simpatico' with like you Angelina, one that offers the most optimistic ch13 plan (though I am VERY aware the trustee and judge decide final numbers), one with a large firm that has lots of experience but may turn out to be a mill, or one that has a small firm that will spend the time with you but might not have as much experience as a larger firm. It is very...tough to make the selection as to who to even interview.

[Pjmax]

You didn't say why a 13 and not a 7. If you have a particular issue or concern, write it down, and ask the same question(s) of each atty. you interview. Compare the answers, and come back and check here if something doesn't sound right.

Type up a brief 1-page paper with a brief synopsis of your situation; income, sources of income, debt (mortgage, car, CCs, medical, SLs.) Assets: home (any equity), approx. car values, approx. value of household goods. And, anything else you can think of that may be a concern. Don't spend too much time on this, the atty. you hire will get into details later, but this does help to convey your overall situation quickly, and helps to remember things you should ask about.

Ask what the fees are, how it us expected to be paid, and what is and isn't included in the fee.

Don't sign with anyone on first meeting. Think about it, and ask here if you are on the fence.

[Malazan]

Hi Pjmax, it will be a 13 as we make roughly $25,000 over the median income in our state. While there may be some ways to try and justify things during a means test, as a realist, I fully expect it to be a 13.

[Pjmax]

I'm certainly not a 13 expert (I was a 7,) but I have read many times, don't rule out a 7 just because you are over the median limit. That is not the only criteria, and there are a number of over- median 7 filers on here. It's good that you are mentally prepared for either, but seriously explore a 7 with the attorneys you interview. I'm sure the 13 experts will be along to comment.

[AngelinaCat]

We tried for a CH13, even though the pre-filing financial counselor we went to (a live person), indicated that with our income and outgo, we were 'borderline' and probably better suited to a CH7. When I lost my FT job, we had no choice but to file a CH7.

[TXskyblue]

Hi Pjmax, it will be a 13 as we make roughly $25,000 over the median income in our state. While there may be some ways to try and justify things during a means test, as a realist, I fully expect it to be a 13.

I was more than 25k over median and I successfully filed a chapter 7. If you have high mortgage/car expenses and if you can stop working overtime/side jobs, you may be able to pass the means test. If you're salary, maybe not.

When I looked for an attorney, I only made consultations with board certified BK lawyers. I ended up going with the lawyer who said he thought he could make a 7 work for me. The paralegal was excellent, which helped a lot since that's who I spoke to the most.

[wd2005]

We just had our 341 a week ago and I saw from the other meetings that we chose the right Attorney. The trustee was near ready to throw the person out in front of us because the attorney hadn't prepared properly. Taxes weren't filed, property wasn't listed, etc. His 341 took almost 40 min. Ours was a breeze. We just have to explain school and recreation expenses. No issue with the plan, no issues with our documents.

My attorney is strictly a BK lawyer. That would be my first in the list of criteria.

[AngelinaCat]

Another thought is to look for an attorney who is also a trustee. Of course that person cannot then be YOUR trustee, but he/she will know what your local BK Court requires and the personalities of the trustees in your district.

BTW, I saw that you are in Florida. What district are you in?

[Malazan]

We are in the southern district.

[jmac]

If i was to do it all over again i would of went to the bk court house a few days and watched for the best lawyer...When you go you will realize some have a great repore with the trustee, some dont but you can tell they are good and some just suck actually most!

[dmc-2008]

You can always go on a court website and check out the dockets for the judges and see who is the most commonly used atty. You will get a good list to choose from there.