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    consulation with lawyer

    yes i have a question about the consultation with the bk lawyer.
    received letter today and has a list of items needed for consultation. i had the impression that a consulatation is giving information verbally with out producing documents,am i correct or not. like to hear from people about there inital consultation.

    #2
    Well, maybe the lawyer is being conscientious and wants to see the "real" numbers in order to give you accurate advice.

    But no, until you actually sign the retainer agreement and pay the lawyer, no documents will be produced.

    Comment


      #3
      The attorney I got had me bring my credit report and my last 2 years tax returns - they didn't really look at the taxes but kept them since I retained him. The credit report was also left there for their use.

      I may have made a mistake hiring the first attorney I met with - well the only one!

      On my consultation night, he actually wrote a letter to my debt consolidation program telling them to stop deducting my auto-payments. That was after I said I would retain him.
      Filed C7: 3/21/08
      341 Meeting: 4/23/08
      Objections to discharge due: 6/23/08
      Discharged 6/30/08

      Comment


        #4
        Originally posted by glc4122 View Post
        yes i have a question about the consultation with the bk lawyer.
        received letter today and has a list of items needed for consultation. i had the impression that a consulatation is giving information verbally with out producing documents,am i correct or not. like to hear from people about there inital consultation.
        The person I am seeing tomorrow asked me to bring income, expenses, who you owe and how much.

        Comment


          #5
          It helps them to know exactly what your financial profile is. I wouldn't think documents would be so important but rather the numbers behind them: how much you make, how much you owe, etc.. My attorney did not require any documents for the consultation but what did help was that I had itemized all my income for the previous 6 months and all my debt, all my set expenses and had my last 2 years of taxes.

          It's not necessary for him to see your documents but if that's how he does it, I don't see a problem with it. Better to have an attorney that's thorough than one that is not.
          <<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
            It helps them to know exactly what your financial profile is. I wouldn't think documents would be so important but rather the numbers behind them: how much you make, how much you owe, etc.. My attorney did not require any documents for the consultation but what did help was that I had itemized all my income for the previous 6 months and all my debt, all my set expenses and had my last 2 years of taxes.

            It's not necessary for him to see your documents but if that's how he does it, I don't see a problem with it. Better to have an attorney that's thorough than one that is not.
            I am going to take my taxes.

            Did you write down all expenses as if you were filling out the actual forms?

            Comment


              #7
              Originally posted by Cali View Post
              I am going to take my taxes.

              Did you write down all expenses as if you were filling out the actual forms?

              The more you do in terms of itemizing all your expenses, the better an attorney can determine if you qualify.

              A friend of mine was told he could qualify for Ch. 7 by his attorney. He hired the attorney. Then, when the attorney actually filled out his paperwork, he said, "oops! You don't qualify for a 7, you will have to file a 13!" ... You DO NOT want that to happen. So the more accurate info you can provide in these consultations, the better the attorney can determine for sure if you qualify or not.

              Somewhere on this site - a sticky I'm sure - there is a link to a web site that has a big list of expenses. This will help you think of things you may not ordinarily think of : tires for your car, car repairs, hair cuts, etc. - things you do spend money on but don't think of much. Check it out and try to think of EVERY expense: car insurance, any other insurance, cat food, etc. etc...

              And figure out the 6 months of income leading into filing as accurately as you can - that's gross income. And don't forget: your credit card expenses are NOT expenses because you won't be paying them! But if you are keeping a car or have student loans I believe those are counted as expenses.

              I recommend talking to at least 3 attorneys before deciding to go with one. That also helps avoid the kind of situation my friend ran into.
              <<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


                #8
                I went pro se so I don't have much advice in this regard, except a gentle reminder: never give the atty originals. Always keep originals and give the atty, trustee, whoever needs documents, a copy. Yes, it'll cost a couple bucks. But not having your originals available when you need them could cost a lot more. This way, if your atty gets run over by the proverbial bus (or you yourself decide to throw him under one ) you're not stuck with trying to retrieve original documents from him or his office. Always give copies. Good luck!!!
                Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                Comment


                  #9
                  Originally posted by PaKettle View Post
                  The more you do in terms of itemizing all your expenses, the better an attorney can determine if you qualify.

                  A friend of mine was told he could qualify for Ch. 7 by his attorney. He hired the attorney. Then, when the attorney actually filled out his paperwork, he said, "oops! You don't qualify for a 7, you will have to file a 13!" ... You DO NOT want that to happen. So the more accurate info you can provide in these consultations, the better the attorney can determine for sure if you qualify or not.

                  Somewhere on this site - a sticky I'm sure - there is a link to a web site that has a big list of expenses. This will help you think of things you may not ordinarily think of : tires for your car, car repairs, hair cuts, etc. - things you do spend money on but don't think of much. Check it out and try to think of EVERY expense: car insurance, any other insurance, cat food, etc. etc...

                  And figure out the 6 months of income leading into filing as accurately as you can - that's gross income. And don't forget: your credit card expenses are NOT expenses because you won't be paying them! But if you are keeping a car or have student loans I believe those are counted as expenses.

                  I recommend talking to at least 3 attorneys before deciding to go with one. That also helps avoid the kind of situation my friend ran into.
                  Thank you so much.

                  Comment


                    #10
                    Originally posted by PaKettle View Post
                    Somewhere on this site - a sticky I'm sure - there is a link to a web site that has a big list of expenses.
                    Here's the website with the list of expenses - http://www.goainc.com/fraley/calcula...alculator.html
                    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


                      #11
                      Originally posted by lrprn View Post
                      Here's the website with the list of expenses - http://www.goainc.com/fraley/calcula...alculator.html
                      Crap, my car registration is due in 10 days and I can't find the bill, but viewing the list just reminded me that I think I need to get it smogged. Another expense..Crap.


                      I didn't know you could put down pet expenses....way cool!

                      I really need to get on the ball and fill out my paperwork, I must admit, I haven't even looked at it.

                      ep
                      California Bankruptcy Central

                      Comment


                        #12
                        Originally posted by epiphany View Post
                        I didn't know you could put down pet expenses....way cool!
                        Be careful, E - some trustees won't allow pet expenses - depends on local custom. But pet expenses can be hidden inside other expense categories - entertainment (our pets are immensely entertaining!), groceries (our pets eat, right?), and even the catch-all miscellaneous.

                        Just be sure the pet costs are added in somewhere and that they are reasonable.
                        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


                          #13
                          Originally posted by lrprn View Post
                          Be careful, E - some trustees won't allow pet expenses - depends on local custom. But pet expenses can be hidden inside other expense categories - entertainment (our pets are immensely entertaining!), groceries (our pets eat, right?), and even the catch-all miscellaneous.

                          Just be sure the pet costs are added in somewhere and that they are reasonable.

                          Gotcha.

                          Entertainment is is!

                          Got a good laugh out of that.

                          ep
                          California Bankruptcy Central

                          Comment


                            #14
                            Our atty asked us to write everything down that we could think of for the consult but didn't need actual copies of anything until we retained them. (and yes, I also suggest copies! - I was so anal I made a nice pretty binder with sections for income, bank statements, etc; and made a second one for us to keep at home in case!)
                            CJ
                            341 on 8/3, determined NO ASSET
                            60 day wait was over on 10/3/08. Discharged 12/23/08

                            Comment


                              #15
                              Originally posted by cj0203 View Post
                              Our atty asked us to write everything down that we could think of for the consult but didn't need actual copies of anything until we retained them. (and yes, I also suggest copies! - I was so anal I made a nice pretty binder with sections for income, bank statements, etc; and made a second one for us to keep at home in case!)
                              It is better to have too much, then not enough. I always make sure all my bases are covered.

                              Comment

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