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Found my attorney! (again)

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    Found my attorney! (again)

    This time I'm sure.

    This attorney was the very first one who was personally recommended to me 6 weeks or so ago, by someone on the internet. Said he used him and he was very good.

    But when I had tried to call him (4 times on 2 different days) he never answered his phone. So I rejected him rather than leave a message.

    Then, I decided to call him one more time, last week, after I rejected the original attorney I had planned to go with.

    This time he answered, and so I made an appointment and saw him today. Turns out he had lost his secretary and took him a couple weeks to replace her, and now he has one, so the phone will be answered.

    Well, this guy was very confident, very "don't worry about it, you have nothing to worry about!".

    He has years of experience, does 95% bankruptcies, was very personable, WILL be with me at the 341 meeting, told me that yes, this or that COULD be a problem, depending on the Trustee I get (just being honest), but that chances are there will be no problem, and if there is a problem chances are we can straighten it out.

    He said he could probably get me a very good deal for a Ch. 13, if I wanted less chances of pitfalls, but he said that he is pretty sure the Ch. 7 will go through. I said, "So which do you really recommend, then, knowing my concerns?" and he said he'd do the Ch. 7 if he was me.

    Also, he's $500 less than the other guy, this guy charging "only" $1275.

    Why did I reject the first attorney I was planning to go with? Because he was $500 more AND because he did not guarantee he would be at the 341 meeting with me.

    I'm sure he's a very competent attorney, and he seemed nice enough on the phone, but the 341 thing seemed wrong to me. I think the attorney who knows my case should be there for the meeting, period! No if's, and's, or but's! (unless it were a real emergency)

    Anyway, I clicked with this new guy right away, so much so that I canceled my other 2 appointments for tomorrow and Wednesday, and I'm just going to pay this guy and get it done so we can file asap, hopefully by October 1! I recall he said that we could do it that quick, though I'll confirm that before I pay him his retainer.

    (When do I file to include April thru Sept. income? October 1 or ? I'm not real clear on this. )
    Last edited by PaKettle; 09-17-2007, 03:00 PM. Reason: add words
    <<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!!!

    #2
    Originally posted by PaKettle View Post
    This time I'm sure.
    Yay! So glad you found a good bk lawyer that you feel good about, Pa! So your long search is finally over - congrats!

    When do I file to include April thru Sept. income? October 1 or ? I'm not real clear on this.
    If you file any day between Oct 1-31, then the six month lookback is April 1 through Sept 30. If you file any day between Nov 1-30, then the lookback is May 1 through October 31.

    The lookback is always for full calendar months no matter when during the month you file.
    Last edited by lrprn; 09-17-2007, 03:48 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


      #3
      Yeaaaa, good news, I am still searching Pa.

      Comment


        #4
        PaKettle, I'm so happy for you! That other lawyer sounded ignorant and shady. I mean, imagine someone filing bankruptcy because their income was low and they couldn't pay their bills. What an oddity! ;)

        This guy sounds much better. I'm gathering paperwork for the attorney now and I'm pretty nervous. Did he say you can file soon?

        Comment


          #5
          Originally posted by B12 View Post
          Yeaaaa, good news, I am still searching Pa.
          Thanks, lrpn, for the congrats,and for the info re filing times and "look back" period.

          Yes, Lindsay, he said I could file right away. Although he does only bankruptcies, apparently this month is slow for him, so that's good for me I think. He's been doing this and only this for quite some time so I'm pretty confident in him. Plus he was recommended by someone who actually used him for their Ch. 7.

          B12, all I can say is that in my opinion, most any attorney who does a lot of bankruptcies can do the job. I think that what is important, is that you find someone you feel comfortable with.

          I'd say, for anyone looking for an attorney:

          Ask if they will be at the 341 meeting with you, ask if they use paralegals for much of the work (you want one that doesn't use them too much), ask them how many bk's they do per year (under 150 is probably okay, 50-100 is probably better), and ask them outright about any specific concerns you have about your case.

          I asked mine point blank about my social security number problem and about my gambling debts and big loan of 3 years ago. He assured me that none of this was likely to be a problem. He did say, however, that much depends on WHICH Trustee you get (I live in Los Angeles, so there are many Trustees), and if you get a bad one, well, it can be sticky at times.

          But he assured me that no matter what happens, it will work out in my favor, one way or the other. He said that IF for any reason the Ch. 7 would fail, we could switch to a 13, though he said that is not the best case scenario, it's just a last resort, but it's very unlikely that would happen in our case.

          I'm going to pay him his $300 retainer tomorrow if he can see me, and get the ball rollling, and sign up for my credit counseling right away.

          Can someone tell me: Do my wife and I both have to take the credit counseling since we're both filing? Or just one of us?

          Anyway, I thank everyone on this forum for helping me through this. Before I found this forum I was lost, and now I'm found! Was blind, but now I see! ... Now I just have to see my way through to DISCHARGE!
          <<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


            #6
            Originally posted by PaKettle View Post
            Can someone tell me: Do my wife and I both have to take the credit counseling since we're both filing? Or just one of us?
            You both have to take the pre-filing credit counseling course. You both have to take the post-filing, pre-discharge debtor education course as well.
            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


              #7
              PaKettle,

              Sounds like my attorney. The best thing you can do is let him do all the worrying and you go live your life and try to forget you're in BK. It's difficult but that's what I did and it is and has been making it a breeze. I had a few things come up that my attorney only told me about at the proper time and gave me his recommendations and that was it.

              Good luck!!!

              Comment


                #8
                Pa, you both have to take the 2 courses, but you can take the online at the same time.
                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


                  #9
                  I hope everything works out for you this time pakettle. As fo me ..I was not 'really comfortable with our attorney but I heard good things about him, and then a few bad. I really like his partner though. He is a big, jolly joker. Luckily he came to the 341.
                  WAM
                  ch7 8/07 CLOSED: 11/07 Rebuilding and saving.
                  WAMU unsecured $2,000 Capital One unsecured $500
                  PAID OFF MONTHLY!!!

                  Comment


                    #10
                    Originally posted by Boscoe View Post
                    Pa, you both have to take the 2 courses, but you can take the online at the same time.
                    Which one did you use that you can do online at the same time?
                    My attorney gave us a referral to one in which you have to call after the online thing and talk to someone in person. I don't mind that but my wife won't want to do that. So is there one which can be done completely online?
                    <<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

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