Question About First Visit to a Lawyer--Tricky

[jessiediamond]

It appears that your first visit to a bankruptcy lawyer is a significant date, correct?

How does it become significant? Is the attorney legally bound to reveal the date of your first office visit to the courts?

If so, do people generally avoid rushing straight a lawyer if they're contemplating bankruptcy? Is it better to get educated on your own first, try to plan a bit on your own (legally and realistically), and then go to a lawyer?

TIA for any responses or helpful advice! I could use it!

~jessie

[BassBoy]

No, if you visit with an attorney, that date is not considered "The Date". What if you just had coffee and donuts? LOL! Anyways, I do believe "The Date" would be the date you retained the attorney. I don't see much significance to this date, other than retaining an attorney, and then waiting years to file.

It's always best to get educated yourself so you understand all of the steps and processes you'll go through during your BK. You wouldn't drive your car blindfolded, would you?

[Minnymouth]

Yours first visit to the lawyers office is unimportant...... as you may visit several.....

The day you "file" is what and when your bankrutpcy information is based upon. Anything before that or after that the dates are unimportant unless it involves cash advances, increases in income, etc.

[Help!]

Keep in mind this is a pretty extreme circumstance and one that is very unlikely for the average filer, but there was one case in our district where the UST was alleging fraud and bad faith, stating that the debtors engaged in certain activities while contemplating bankruptcy. The attorney tried to avoid disclosing the date and the advice he gave his client by citing attorney/client privilege. The court required the attorney to disclose when he first met with his client and what they discussed. So in answer to your question, yes, the attorney can be required to disclose dates and conversations under certain circumstances (especially when it appears something illegal has taken place).

[jessiediamond]

Yes, Help!" . . . that's what I was worried about. I don't want to skirt the law or do anything illegal. I just want to plan a fair and decent bankruptcy.

My reading has shown what you said: that the visit to a lawyer CAN be used in court as a significant date, if anything looks suspicious.

I'm not at all planning anything suspicious: I'd simply like to know the law and be educated so I can make good decisions.

The reading here has been enormously educational! Thank you to all the posters!

~jessie

[BassBoy]

As I mentioned, the date you retained your attorney is not really significant. And again, if you strung along your creditors for a year or longer, that could cause problems. You don't have too many worries between retaining an attorney and the date you file. We had one creditor ask when we retained our lawyer. Why they wanted to know is beyond me. We had told them in the 2 months before our filing that we were filing BK, but because of all of the filings in 2005, our attorney was swamped and hadn't filed our case yet. I guess your creditors could become impatient and make a big stink about the months and months of "I've retained an attorney.....yada, yada, yada," but you haven't filed your BK yet.

[AngelinaCat]

'Retain' means the date you sign the agreement hiring the attorney and make a payment toward the fee. If you are going to the free consultation with 2-3, or 4 different attorneys before you decide on one, those don't count.

Welcome to the forum and good luck to you.

[justplaintired]

I believe the important day surely is the day you retain your attorney. I also think most likely it would only matter if your case already has issues. Under a "normal" BK I don't think just visiting an attorney would be considered a problem. Plenty of people meet with attorneys, most of the time more then one, and then may take time to decide if BK is right for them. I don't believe that is illegal. We met with one attorney in Jan, met with another in Feb and went with attorney #2. Why it would matter we talked to one in Jan I don't know.

[Cali]

I guess it would/could matter if you consult with attorneys about filing and you are still using your CC's. I don't think it would matter if you have already stopped using the CC's.

[BassBoy]

I guess it would/could matter if you consult with attorneys about filing and you are still using your CC's. I don't think it would matter if you have already stopped using the CC's.

Good point Cali. Good thing to keep in mind. If BK is in the last resort and you want to meet with any attorney, then the use of credit cards should cease.