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How did you successfully find a good bankruptcy attorney?

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    #16
    Cassi, it's amazing how much more straightforward it all becomes, once you take out the scare factor, isn't it?

    I'm jealous. The friends I made in bankruptcy are all out here in Cyberspace, and we have to settle for sending postcards to each other.

    That was a great story.

    Comment


      #17
      The first attorney I went to see was quite cold, and left me with the feeling that I was wasting his time. The first time I went to visit his office I was in the lobby of the building looking everywhere for a sign showing the way to his office, and there were no signs anywhere. By luck I rode up the elevator and stumbled upon his secretary.

      I did decide to retain him and his firm (BK mill) as I was desperate, and not sure how to go about things (I didn't know about this board then) , but after about 6 or 7 weeks grew tired of being put on hold, no answers...talking to security guards etc.

      I had only paid the retainer, and had not started paying any legal fees when I decided to go with a small firm that was very local on a referral / recommendation.

      From the get go I could find them! I didn't feel like I was visiting some CIA undisclosed location like previous attorney. The ladies working the front desk were warm, friendly, and understanding.

      The second attorney I hired to represent me was wonderful. She has answered my questions, emails and calls without delay (unless she was on vacation). In short she has been at my side every step of the way as promised.
      This is a firm that represents both creditor and debtor , and also has attorneys that serve as trustees.

      I don't know if my story will be of any help, (just relaying my personal experience). I would say be weary of the BK mills. It's not that they are bad, but I think when you hire them... one of the thousands they are representing....you are just a number.

      Remember to check your attorny out on the BAR websites. Both state and federal.

      Hope this helps?

      Best wishes
      Desperation

      Comment


        #18
        I've been wondering the same thing.

        I've met one attorney, spoken with several others. The one I liked the best was a whopping 3k....but that's because he works for a very reputable firm in my city. I liked the one I met too but he seemed a little too non-challent.

        I've got some time before filing if I choose to go down this path. Part of me thinks I could do it pro-se with the help of this site and my own research because I'm a shoe-in for a straight 7. But another part feels that hiring an attorney is a good idea for 2 reasons. One that I've heard the trustee's scrutinize pro-se filers paperwork because they think they will make mistakes. I'm not sure this is true or not but why take chances? Second, because we hope a lawyer would have our backs. Obviously that hasn't always been the case either. But if we find a good one, then it would be true.

        So who knows? We just have to go with our guts and do as much research as possible. Thank God for this site. I think it's the only one out there of it's kind.

        When/if the time comes, I will be meeting alot more attorneys.
        Filed Chapter 7 Pro-Se May 29, 2008
        341 July 1, 2008
        Discharged September 4, 2008
        Closed November 10, 2008 :-)

        Comment


          #19
          I've heard the trustee's scrutinize pro-se filers paperwork because they think they will make mistakes.

          I found this to be true.

          So don't make any (serious) mistakes.


          Comment


            #20
            I'm a lawyer myself, and so I called up an attorney friend of mine. He's been practicing in this large city for many years and is very knowledgeable about the local legal community. He referred me to a former colleague of his who practiced at the city's largest law firm before starting her own highly-regarded BK boutique firm.

            My BK lawyer isn't cheap ($2,500 + $299 filing fee), but she's good. Very good. I think her wise counsel and the piece of mind that comes from that is well worth the cost.

            * * *

            A few years ago, when I was practicing in another large city, I had to refer a financially-troubled client to a BK attorney. How did I decide which BK lawyer to recommend? Well, it's an interesting story....

            I had worked on a litigation matter against a housing contractor who had defrauded our client out of $100,000+. On the eve of trial, the contractor signed a $50,000 agreed judgment to settle the case. Or so we thought.

            About one month later, the contractor filed for BK7. We promptly filed an adversary action to challenge the discharge of the $50K judgment debt. We argued that the debt was fraudulent and thus non-dischargeable, for two reasons. First, the judgment arose out of a fraud lawsuit. Second, signing the agreed judgment and then trying to discharge it in BK a month later was itself fraudulent... the contractor even admitted in discovery that he never intended to pay it, and he also admitted that knew he was going to BK on us when he signed the agreed judgment.

            We thought it was a slam-dunk, and so we moved for summary judgment. But, his attorney was able to defeat our motion, and eventually, our client decided to take a mere $3,000 instead of going to trial on the adversary action. I was so impressed by opposing counsel's work that I figured he was the right lawyer to help my client file BK7.
            "BK7 is not a fast-food combo meal."

            Disclaimer: I'm a lawyer, but I'm not your lawyer. ;-) Accordingly, this post should not be considered legal advice.

            Comment


              #21
              BK,
              Are you filing a 13 or a 7? I met a BK attorney who wanted $800.00 upfront and $2,800.00 through the 13 payment plan. Aren't the ch 13 attorney payments court-mandated anyway?
              BTW, this attorney seemed pretty good and does only bankruptcy. I'm pretty sure we'll end up going with him. I was shocked when I actually met with the attorney whose name was on the firm's sign. The partner himself (aka "The Man".) I don't really know if that's a good thing, but he seemed like a good guy. He was a bit taken aback when I asked "So, how is the trustee in this district?" I think we all know, and he knew, what I was getting at, but he wouldn't give me a real answer. He just said as long as we file according to the law the trustee would not pose any problems...not sure what kind of hint that was. Probably have to retain him to get the real scoop. He's been at it 20 years in bankruptcy, so he must have a clue about how to deal with the trustee.
              I have a meeting with an attorney who is/was a trustee, but I can't seem to get an appointment. Everytime I call, I have to wait like 3 weeks to get in for a visit and they have appointments every hour, but just on certain days. I'm smelling a bankruptcy mill and I don't think I want that.
              I'd like to "throw a few jabs" about an attorney filing bankruptcy, but as a CPA myself, that would be even worse than "the pot calling the kettle black." Also, I do not know your circumstances as every case seems very similar, but also very unique.
              Anyone need help with their money management? LOL. I know I do.
              Leftyf

              Disclaimer: I do not want to tarnish the CPA professional. I, and my family, are deficient in the so-called self control gene.
              Filed Ch 7 - January 29th, 2008
              341 - February 29th, 2008
              Discharge - June 20th, 2008
              Closed - October, 2008

              Comment


                #22


                This post contains some advise on how to find a lawyer from GMLutz that you could try.
                Filed: 10/26/2006
                Discharged: 03/05/2007
                Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

                Comment


                  #23
                  I found mine through an internet search for local lawyers. Only a few came up in my search, one of which had retired since the new laws. So after meeting with this one I had a good feeling and retained them.
                  May 31st, 2007: Petition Filed by my lawyer
                  July 2nd, 2007: 341 Meeting Held
                  September 4th, 2007: Discharged and Closed.

                  Comment


                    #24
                    Another idea I have seen mentioned is to go sit in on a days worth of 341 meetings. I will be clear who the good laywers are and who you want to avoid are.
                    Filed: 10/26/2006
                    Discharged: 03/05/2007
                    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

                    Comment


                      #25
                      Originally posted by leftyf View Post
                      BK,
                      Are you filing a 13 or a 7? [snip]
                      I am filing Ch. 7. Both attorneys I spoke with so far and my own research indicates we qualify for Ch. 7.

                      I had yet another phone call interview today and I do not recommend this guy. His name is Hale Andrew Antico, Esq. and he seems to have some good points in his favor, so I'm not knocking his work or his reputation. I'm just saying that to me he was kind of an ass on the phone.

                      First of all he would not give me a price. Said he'd have to get all the info first. Not even a ball park price. I think that's b.s.. All the other atty's I've spoken with were not afraid to give a price or at least a range for a simple Ch. 7. Not giving a price is like a restaurant that has no prices. Don't know about you guys, but to me that means "I can't afford it!"

                      Then, he said that for an in person consultation he would charge $40 BUT that includes general info about bankruptcy, so it would be an educational experience. I said, "But I already have read a book on it and don't need an education, I just want to talk about my particular case, and most other attorneys do not charge for that. " He got huffy and basically hung up on me, though to his credit he did at least say "Well good luck to you then" , first.

                      By the way, this was a referral from a site:
                      http://los-angeles-bankruptcy.net/ which is apparently an organization of some sort (don't know if it's just this atty or others, too) which also does not give out info. They do not tell you any names of attorneys, or give phone numbers, they just require you to fill out a form and then they contact you.

                      They actually asked for my social security number and that's where I stopped, since it was a non-secure page! There is no way to even know when the attorney calls you, who he is, he could be some guy collecting social security #'s for credit fraud! Very crummy site and way to refer to attorneys, if you ask me.

                      But since I had already given my name and number I submitted it without the social, just to see what happened. I did not expect much. And I was right. Boy finding a good attorney in L.A. is kind of like buying a car: some way overpriced, some sleazeballs, and you just have to keep looking til you find a good person to deal with!
                      <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                      FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                      Comment


                        #26
                        Originally posted by PaKettle View Post
                        Boy finding a good attorney in L.A. is kind of like buying a car: some way overpriced, some sleazeballs, and you just have to keep looking til you find a good person to deal with!
                        Pa, there's an excellent bk attorney in the Bay area named Cathy Moran. She has a fantastic website devoted to consumer bankruptcy and regularly contributes to the www.lawyers.com bankruptcy forum. She has a page on her website dedicated to finding good bk lawyers http://moranlaw.net/specialists.htm .

                        Check out the California Board of Legal Specialization at http://calbar.ca.gov/state/calbar/ca...=11584&id=9185 . She also recommends a bk lawyer, Mark Marcus, in the LA area - http://www.bklaw.com/. Even if Mr. Marcus can't help you, he can recommend someone for you to contact.

                        I've been watching and reading Cathy Moran's posts and blog for a year and a half. She knows her bankruptcy stuff inside and out and is a passionate consumer bankruptcy advocate - she has nothing good to say about the new creditor-tilted bk law at all. I would definitely put anyone she recommends on my short list of good bk lawyers.
                        Last edited by lrprn; 08-13-2007, 12:09 PM.
                        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                        06/01/06 - Filed Ch 13
                        06/28/06 - 341 Meeting
                        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                        10/05/06 - Hearing to resolve 2 trustee objections
                        01/24/07 - Judge dismisses mortgage company objection
                        09/27/07 - Confirmed at last!
                        06/10/11 - Trustee confirms all payments made
                        08/10/11 - DISCHARGED !

                        10/02/11 - CASE CLOSED
                        Countdown: 60 months paid, 0 months to go

                        Comment


                          #27
                          Definitely find a lawyer who is also a trustee. They know what to look for and know both the other trustees as well as the US trustees very very well, which can only be good for your case.

                          As a reference point, they charged $2k plus filing fees of $299 for a Chap 7 filed last month.

                          Just get educated about the process, cover all your bases, wait as long as you can to file if anything questionable and go for it!
                          Filed Business Chapter 7: 7/11/07
                          341 Meeting: 8/8/07 Asset Case
                          US Trustee reviewed case/resolved 9/14/07
                          Discharged: 10/11/07 Closed: 11/2/08

                          Comment


                            #28
                            Originally posted by Boscoe View Post
                            Definitely find a lawyer who is also a trustee. They know what to look for and know both the other trustees as well as the US trustees very very well, which can only be good for your case.

                            As a reference point, they charged $2k plus filing fees of $299 for a Chap 7 filed last month.

                            Just get educated about the process, cover all your bases, wait as long as you can to file if anything questionable and go for it!
                            The only former trustee in my area (that I know of) who's also a bk atty charges $4k for a straight easy Chapter 7! And I couldn't even talk to her on the phone for a consultation, only her paralega! So... while I might like to take your advice, I have decided not to in this case!
                            <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                            FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                            Comment


                              #29
                              Originally posted by leftyf View Post
                              BK,
                              Are you filing a 13 or a 7?
                              It'll be a BK7. Somewhat perversely, the 2005 BK "reform," which was intended to discourage people from filing BK7, is actually a major reason why I'm about to file BK7. I'm currently in a "window of opportunity" where I'm just under the median income in this state. However, once that window closes, I'll probably never be eligible for BK7 again. And the idea of a 5-year BK13 does not appeal to me at all.

                              Aren't the ch 13 attorney payments court-mandated anyway?
                              It's common for local rules (or a standing order) to set a "no-look" BK13 attorney fee. An attorney who charges more than the district's no-look amount has to file a detailed application with the court to justify the fee.

                              I'd like to "throw a few jabs" about an attorney filing bankruptcy, but as a CPA myself, that would be even worse than "the pot calling the kettle black." Also, I do not know your circumstances as every case seems very similar, but also very unique.
                              I admit that it's somewhat... ironic... for lack of a better word. I'm in a situation where a combination of bad choices on my part and unfortunate life circumstances (including divorce, medical expenses, and a business venture doing much worse than I anticipated) have gotten me deeply in debt.

                              Now I'm at a point where I'm ready to move forward and avoid repeating past mistakes. Part of my plan includes getting out of the business I'm in and returning to the active practice of law, which should result in a significant income increase. But before I do that, I think the best economic decision -- and my BK attorney agrees -- is to take advantage of this opportunity to file BK7, wipe out the debt, and get the "fresh start" that BK is supposed to provide.
                              "BK7 is not a fast-food combo meal."

                              Disclaimer: I'm a lawyer, but I'm not your lawyer. ;-) Accordingly, this post should not be considered legal advice.

                              Comment


                                #30
                                Can we contact Trustee?

                                We chose an attorney from a refferal (friend) who had an excellent recomendation. We interviewed one other personally and called several. Our first visit to the office gave us cause for concern because the office is in complete disaray but our friends told us they were better organized than they appear. One attorney, one para...thats it.
                                We had to discover, through a routine follow up call, that after a considerable period of time the paralegal was not ready to file and then had to make major corrections to the documents at signing.
                                Our attorney was blindsided by trustee reactions at the creditors meeting and seemed ill prepared. Since the meeting, 7-2,they were to contact the trustee and discuss with us the results.
                                I have left numerous messages and can never get anyone to answer the phone at the office. I am trying to not be a pain in the @#$%@ but I am concerned about the quality of our case.

                                At what point can we, or should we, contact the trustees office directly?

                                Comment

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