Meeting with attorneys this week/Another question

[Janetdoe]

I'm meeting with a second potential attorney tomorrow. I'm so nervous. I don't know why it makes me so twitchy but it does. My husband can't get off work so I'm going it alone. Also have an appointment with another attorney set for Thursday. Feeling good about both because they are highly Avvo rated and have really good customer reviews. Hoping I get a good vibe from them and feel comfortable. Any tips for getting the most out of that first meeting. Not the person I'm meeting with tomorrow, but the one I'm seeing thursday had me fill out a bunch of paperwork so she could do a means test before I get there. I REALLY like that she's putting in that effort before even seeing me.

Another question I'm nervous about and I'll ask the attorney. My husband blew his transmission in February and got another vehicle financed. My car is a 16 year old minivan and this week my check engine light came on and it's giving me a transmission error message. I haven't gotten it checked but odds are good because of the age, and model of the vehicle it will need a transmission. It's worth about $1200 so I had no plans to ever put money into it. Would it be a red flag to get another car financed in coming months? My husband commutes an hour away and I drive my kids to school in town. Buses don't come to our house so we can't be a one car family. I don't want to put $2000 into a $1200 16 year old car. Why does life tend to gang up on you all at once? My husbands blown transmission was on a truck he hadn't even had a year. We swear it was cursed...

[LadyInTheRed]

People finance cars before filing bankruptcy all the time. If your credit rating is still decent, it makes sense to do it before filing. Some people do it so that the car payment will help them pass the means test. I bought a car a month before filing Chap 13 and most of my plan payment went to pay off the loan when it otherwise would have gone to unsecured creditors.

When I consulted with attorneys, I sent them a spreadsheet ahead of time with my last six months income and paycheck deductions, a list of debts (balance and monthly payment) and other monthly bills and the values of my home and car. All 3 attorneys ran means tests before I arrived which was very helpful.

Be ready with a list of the questions you have, including about buying a car. Don't ask if it is okay to buy a car because some won't say it is because they aren't supposed to tell you to incur debt before filing. Just ask if financing a car would cause problems in your bankruptcy. Make sure you understand the reason for any advice they give you. Don't be afraid to say "I don't understand. Can you explain that to me?"

Try not to be nervous. You are interviewing them. They want your business and should be trying to figure out how best they can help you. If you don't feel like that is what is happening, then you'll know they aren't the right attorney.

[micahCT]

My wife and I bought a new 2015 Subaru last summer and then, when my car died a month later I bought a newer model Hyundai Sonata. We'd thought about filing chapter 7 for years but weren't planning to file any time soon when we bought the cars. Then a few weeks later an unexpected wage garnishment forced our hand.
Our case hasn't been discharged yet, mostly because as a pro se filer I keep screwing up paper work, but the newness of the cars and added debt so close to filing has never even raised an eyebrow from either the trustee or the judge.

(of course, your mileage may vary -- automobile pun intended)

[Janetdoe]

• I met with the first attorney and have mixed feelings. On one hand she was very friendly and cleared up a lot of points I was confused about. She said it would be smart to get a car since mine is on the brink and gave me advice on saving money before my husband's surgery this summer. She gave me tons of paperwork and spoke in a very thoughtful down to earth way. She laughed when I told her about the legend of Middle District trustees on the internet. She said they aren't that bad if you are nice to them and she's friendly with all of them. So all that was good.
  
  The bad was that even with Chapter 13 she wants her fee paid upfront and not through the plan. That means finding about $3700-$4100. When I looked like I might throw up she quickly said that if she had to she could spread it out but she doesn't like to. I asked when she wants people to pay and she said one month before because she got tired of people bugging her when she had it at 6 months before. The last attorney I talked with let you pay a retainer at 6 months before and would handle creditors that are harrassing you but I guess this one doesn't because of people bugging her. She said I can pay her at $250 an hour to handle things up until I hire her or if it's a quick question she would just answer it for free.
  
  I have the other appointment Thursday so I'm ready to see how they compare.
  
  Thanks MicahCT it's good to know nobody raised a brow over the car! I think the fact that my car is ancient might help. It's borderline antique at this point. LOL I have no idea how you are filing yourself! It's so confusing!
  
  
  

[LadyInTheRed]

I wouldn't base your decision on the fact that she won't deal with creditors in advance. Although many attorneys provide that service, it really is not the bankruptcy attorney's job until the case is actually filed. You really don't need an attorney to deal with creditors. When they call, tell them you are having financial difficulties, are working on a resolution and hope to know more in a month. Ask them not to call you and to communicate in writing. Don't acknowledge any debt or agree to make any payments. I did that and it reduced calls, but did not stop them. Many bkforum members open Google Voice accounts before defaulting and call the creditors to make that their contact number. See the "12 steps" sticky in the collections forum.

The requirement that you pay the whole free up front is tough, but I understand it. Most of the attorney's work is done at the beginning of the case. If they get paid in the plan and the client doesn't complete the plan, they may never get paid, especially if the Chap 13 gets dismissed and the client hires a new attorney to file a Chap 7. It is a good sign that the attorney was willing to budge on that detail.

I actually like that she was honest with you about not wanting to be bugged ahead of time. She's letting you know that she wants to wait to focus on your case until your case need her focus. That means that she is likely to give your case the attention it needs instead of letting herself be pulled in a different direction every time the phone rings. Not everyone would see it that way, but I'm reading between the lines from the perspective of somebody who has worked in the law for a long time in a different area where a lot of clients are not used to dealing with attorneys.

I hope the next consultation goes well!

[Janetdoe]

Thank you! I really appreciate your opinion and point of view. I definitely didn't see it from that side and it does make sense. I won't count her out just yet.

[Janetdoe]

The attorney I met with called me today to check up and make sure I didn't have any unanswered questions. I really like that she took the time to do that. It makes me think you are right LadyintheRed about not having a lot of clients to worry about.