So discouraged after my meeting with the attorney yesterday!

[Trixie007]

I had a meeting to hire an attorney yesterday - I really liked what he had to say when we did our phone consultation. Well, he didn't even remember our conversation from a week ago, and treated the appointment like a paid consultation -$150 for a half hour, and that gets applied to his flat fee if we hire him. Since I thought I had already decided to hire him, I agreed to that up front.

Since I had to start all over with him, I didn't get much new info. What I did learn is that he is unaware of the law passed in 2006 that allows tithing! He said that no trustee would allow it since it's not a necessity, and that he is unaware of any case law or statutes that allow it, and that he would have to charge me $250 per hour to research it! According to him, disallowing our tithe (which we can prove going back many years) would allow the trustee to push us into a Ch 13, under which we would not be allowed to tithe for the 5 years.

Well, either I know more (thanks in large part to this forum) than he does, or I have completely misunderstood everything I've read about this issue!!!

The attorney then said that his flat fee for an uncomplication Ch 7 is $975, but anything other than the basic filing gets charged at $250/hr. This includes if we are selected for random audit, the UST gets involved.. anything! I don't remember reading on this forum that people are getting charged for these things, does that sound normal?

It seems to me that this could wind up costing an unlimited amount of money to file, and how is someone filing for Ch7 supposed to come up with say $2,500 (for 10 hours) in the midst of BK? And it's not like you can make payments, and anything that came up would likely have very short time frames to handle it!

I'm really discouraged right now, any input would be greatly appreciated. I did pay the $150 consultation fee, but feel like this is probably not the lawyer for me, and I have to be much more careful about consultations! I'm a little nervous now about how to find a good attorney.

On the plus side, I laid out for him what I thought are the issues that might red flag our case, and he didn't blink at anything, so I'm feeling a little less nervous about how we will fare through the process.

[keepmine]

I'd find another attorney.
Yes, anything outside the norm of a routine bk will generate additional legal fees.

[SubPrimeME]

yes find another atty. I was dinged for things post the 341, but not prior. 75 bucks to un do the reaffirm, geesh!

[AngelinaCat]

Hi Trixie, I certainly feel your anguish about this attorney, and if you have doubts now before going any further, I would certainly exercise them.

Try this: call the clerk of the BK Court in your district, and ask for a list of good attorneys. The poster that suggested this said that the people in the clerk's office deal with BK attorneys each and every day. They will know which ones are prepared and good to work with, as well as those who aren't, and more likely than not you will get a list of the clerk's favorites.

Good luck!

[AngelinaCatHub]

Even though you paid $150, this will be a cheap lesson compared to what an inadiquate lawyer could do to you. If for a small conseltation, there is a big price up front, I would have skipped that guy and went onto the next three until you find the right one. If you feel that "gut feeling" now, you will get the right 'gut feeling' when you find the right lawyer. 'Hub

[TEW]

I don't think the trustee has any problem with tithing but rather your definition of it.

[Trixie007]

I don't think the trustee has any problem with tithing but rather your definition of it.

I'm confused... what do you mean my definition of it? We tithe to our church, which is a rather standard tithe method. We are definitely under the 15% that is allowed by law. My concern now is that it sounds like the attorney is saying that even if there is a law in place (he's not sure there is) the local trustee can disallow the expense as unnecessary.

[Trixie007]

Scheduled another consult

Hi all, thanks for your responses. I have scheduled a FREE consult with another attorney for next Wed. I asked him about tithing, and he said the trustee doesn't have a choice, they have to allow it because it is the law.

[JRScott]

Good Trixie hope this second one works out.

The other one would of dinged you so much I bet it would have cost 2-3x his basic fee.....

Yep and Tithing is allowed

[jktrading]

The free consultation is the only way to go. The first attorney sounds like a headache waiting to happen. To charge you for a consultation and then researching what he should already know is a very bad sign. Next thing you know, you would have to pay a portion of his electric bill because he had to turn on the lights when you came to his office. Geez.

[Trixie007]

Next thing you know, you would have to pay a portion of his electric bill because he had to turn on the lights when you came to his office. Geez.

OMG! So funny... and so true! Thanks for the laugh.

[journey]

Before finding a Attorney i seen 3 diffrent ones. after choosing the 3rd one and paying the retainer fee the 2nd one i seen sent me a Bill for $545.00 dollars they never told me on the phone or when i met with him that they charged for the first visit.

After telling the Attorney i choosed about this she told me to add him and his bill to the list of Creditors on my paper work. I hope i get discharge from him.

[JRScott]

Before finding a Attorney i seen 3 diffrent ones. after choosing the 3rd one and paying the retainer fee the 2nd one i seen sent me a Bill for $545.00 dollars they never told me on the phone or when i met with him that they charged for the first visit.

After telling the Attorney i choosed about this she told me to add him and his bill to the list of Creditors on my paper work. I hope i get discharge from him.

You will