Realizing I dislike my attorney. Tips?

[happy_ira]

I'm quickly realizing that while my attorney has experience (20 years) and knows the Trustees in my city (so he knows what they like/dislike/look out for), he is beginning to rub the wrong way largely because of a few small things...

Well, not so small to me. I am most miffed at his not telling me my bank account should be as close as possible to the amount I listed on the ch7 petition on date of filing (close to $0 vs. my $3000 because the mortgage payment had not cleared yet). Perhaps he thought it was "understood" but he never explained it to me; I only learned that here, which I feel is wrong.

I am scheduled for my 341 in late September with my attorney. And, as is customary with Ch 7, I paid my atty prior to the filing (standard). SO, what do I do? I cant fire him in mid-stream, that woudl look terrible. Best I feel I can do is keep on my toes by reading these boards. What else shoudl I watch out for in weeks ahead for 341 that he might be too busy to tell me/.

Pissed.

[bcvw]

Ira, these are stressful times for sure. Take a deep breath.

I can't imagine you are going to get in any trouble because your mortgage payment has not cleared. It will, and you'll be able to show where the money went SHOULD anyone ask.

[happy_ira]

OK. I am calm now. Thanks. I have nothing to hide. I just get irked at the silly thought of a "snapshot" and being off by $2500 because one or two days because the mortgage co. did not debit the payment from my account.

I just want the 341 to be over with and see what is next and whether or not my attorney is a super-jerk or is for real.

[CountryGirl]

Ira,

My advise, and what I did.....was to educate myself about this process to the point that truely, I could have filed myself. Then I knew what needed to be handled and when. As far as the relationship your attorney must have after practicing for 20 years......priceless! I can not tell you how smooth this has been, our attorney knew where to focus our attentions and where it was not needed due to his experience with those involved with our case. I will say, we had alot going on and more than our share of potential pitfalls but with our own research and his experience......we are just fine.

I suppose you always have to take the good with the bad, and I hope your attorneys experience proves to be an asset for you, in the mean time....keep him on his toes with your own research.

Your are going to be fine, bring a copy of your mortagage statement to your 341 and IF THE TRUSTEE ASKS FOR IT.......you will have it to verify the outstanding check. If he does not ask, I would not say a word. Believe me, he knows everything he wants to about you and if he questions your balance at all you will hear about it so I would not go in there explaining yourself right off the bat.

Boy is this stressful! Soon it will be over.

[Keebler]

OK. I am calm now. Thanks. I have nothing to hide. I just get irked at the silly thought of a "snapshot" and being off by $2500 because one or two days because the mortgage co. did not debit the payment from my account.

I just want the 341 to be over with and see what is next and whether or not my attorney is a super-jerk or is for real.

I look at it this way and it has helped me...

With bankruptcy I'm discharging six-figures worth of debt that I'll hopefully never pay. It's true that I'd like a clean break and I'd like to have zero additional expense or liability. But, if I waste $3,000 in the process that could otherwise have been avoided, I can't complain too loudly because it's peanuts compared to the bigger picture.

[WoodSprite]

My advise, and what I did.....was to educate myself about this process to the point that truely, I could have filed myself. Then I knew what needed to be handled and when. As far as the relationship your attorney must have after practicing for 20 years......priceless! I can not tell you how smooth this has been, our attorney knew where to focus our attentions and where it was not needed due to his experience with those involved with our case. I will say, we had alot going on and more than our share of potential pitfalls but with our own research and his experience......we are just fine.

I suppose you always have to take the good with the bad, and I hope your attorneys experience proves to be an asset for you, in the mean time....keep him on his toes with your own research.

Well put, CountryGirl. I'm afraid maybe I fed the flames here, because I pointed out that Ira's attorney should have clued him in on this. But Ira, it's just possible that your attorney didn't instruct you to clean out that account on the day you filed because he knows the trustees in your district aren't in the habit of splitting hairs over that particular issue. Try not to let nerves push you into a quick decision.

Boy...October can't come soon enough, can it?

[jessegirl]

Aren't you allowed a certain amount in your checking account. I thought that someone said 20K? Now don't laugh if i am wrong. I am just a newbie. LOL Does it depend on state to state also?

[paintinrosesred]

I think 20K is the total exemption with all your assests. So if you are under your asset amount of 20K then I THINK you can have the remainder in cash in the bank.

[paintinrosesred]

Yes, I agree it's a very stressful time.. but best to look at the big picture. Hard to do though.

[WoodSprite]

Aren't you allowed a certain amount in your checking account. I thought that someone said 20K? Now don't laugh if i am wrong. I am just a newbie. LOL Does it depend on state to state also?

Nobody will laugh at you here! It does depend on your State, and also on whether or not you're exempting a homestead.

[AngelinaCatHub]

Nobody will laugh at you here! It does depend on your State, and also on whether or not you're exempting a homestead.

[epiphany]

I'm quickly realizing that while my attorney has experience (20 years) and knows the Trustees in my city (so he knows what they like/dislike/look out for), he is beginning to rub the wrong way largely because of a few small things...

Well, not so small to me. I am most miffed at his not telling me my bank account should be as close as possible to the amount I listed on the ch7 petition on date of filing (close to $0 vs. my $3000 because the mortgage payment had not cleared yet). Perhaps he thought it was "understood" but he never explained it to me; I only learned that here, which I feel is wrong.

I am scheduled for my 341 in late September with my attorney. And, as is customary with Ch 7, I paid my atty prior to the filing (standard). SO, what do I do? I cant fire him in mid-stream, that woudl look terrible. Best I feel I can do is keep on my toes by reading these boards. What else shoudl I watch out for in weeks ahead for 341 that he might be too busy to tell me/.

Pissed.

Did you lawyer know about the 3K in your checking account? He may have exempted it.

I was asked in a questionaire about the money I had in my checking account. I had around 500.00 but made a note on there that they would probably be more in there by the date of filing because of rent that had not cleared yet.

My lawyer exempted the 500.00. Turns out I did have more on the day of filing but it was not an issue.

Good luck,
ep

[lrprn]

I think 20K is the total exemption with all your assests. So if you are under your asset amount of 20K then I THINK you can have the remainder in cash in the bank.

To repeat - The amount of cash in accounts that you can exempt is completely dependent on your state's bk exemptions. Some states do not specify cash exemption amounts at all.

You need to check your state's exemptions to know how much cash you can protect (if any) on filing day.

[fltoo]

When you took the bk attorney to court, what was the outcome?

[danaf]

The worst that can happen is you have to pay the trustee $500 because cash exempt value for NY is 2500 (and yes, this includes checks that have not cleared). Yeah, he should have mentioned for you to take it out and get a money order for your mortgage amount. But maybe he knows the trustee won't make an issue out of it.