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Filing for the first time, meeting attorney on Monday

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    #16
    Originally posted by eddiep View Post
    interview a couple other attorneys before you give the retainer, I don't know why but it bothers me that your attorney handed you off to a paralegal on the very first call. Having a good attorney makes all the difference.
    Yeah, I kinda notice that too, but "wantout" seemed keen on this one attorney. When I interviewed for my bk attorney, that was a question I asked, "will I be dealing with you directly?" Most answered, "no, but my paralegal knows everything!" NEXT!
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

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      #17
      Originally posted by eddiep View Post
      hi wantout!

      In your original post you said "I have sold off most of my assests". I just wanted to warn you that this is one of those areas you have to be careful with just before filing. As long as you got fair market value and/or did not sell them to an insider it won't be an issue but your attorney will need to know about them. The trustee will be interested to make sure you are not hiding or transfering assets. My attorney asked if we had sold any vehicles or property within the past two years.

      OK has a very generous homestead exemption! great news for you!

      I agree with Liz, interview a couple other attorneys before you give the retainer, I don't know why but it bothers me that your attorney handed you off to a paralegal on the very first call. Having a good attorney makes all the difference.
      The assests have been sold off over the last 2 years, I have used the funds from those to help make the payments, thinking I could pay them down enough to get them to the point where they would be more affordable, no such luck.
      The only vehicle I sold was my motorcycle and I got enough to pay it off, about $8k. All the other stuff has been little things here and there.

      As for the attorney, when I called his para legal answered the phone, I told her who I needed to talk to, she said he was with a client would you like to to tell me what you need help with? So I let her know, that is when she made the appointment for me to talk to the attorney.

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        #18
        Originally posted by wantout View Post
        Hi, new guy here. I have been reading this forum for a few weeks, finally registered.

        Long story short, I owe just about $50,000 in CC debt, with everything they are doing, esp raising rates to extreme highs, I can no longer meet the minimum payments, I have no other choice.

        I have called them and tried to reason with them, but they just tell me to pay it. I cant.

        So hopefully on Monday I will have an attorney and can get this started. I have never missed a payment or been late on anything, ever in my life, I am in my late 40s.


        Yes I borrowed the money but at the time the terms were do able and everything was fine, but now I am tossing out $1200 a month and cant get ahead, add to that I am having to use cards for everyday expenses, every month hole gets deeper and deeper....

        So what do you think the odds are that I should be able to file a chapter 7?
        Wow. You sound a lot like me. Understand how you feel.. stellar credit for over 20 years and now the last bit of sand is finally running out of the hourglass. Just can't keep up with the minimums anymore. Good luck with your meeting and please let us know how it goes.

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          #19
          Sounds like you will be fine with the assets.

          I'm sorry I misunderstood about the paralegal situation. I know that being able to communicate with your attorney will be very important.

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            #20
            Originally posted by eddiep View Post
            Sounds like you will be fine with the assets.

            I'm sorry I misunderstood about the paralegal situation. I know that being able to communicate with your attorney will be very important.
            Thanks, no offense taken at all. She sounded like she knew what she was talking about.

            I am calling tomorrow to confirm Monday and will take the wait and see, but I have a feeling I will have an attorney on Monday.

            So many questions.......

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              #21
              I also hired the first attorney I interviewed, he was also referred by an sombody I knew. I am very happy with him.

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                #22
                Sounds like us mid 40's excellent credit, then rates got out of control on cc. We just played the cycle of pay, then charge, then pay....... it about drove me nuts. I couldn't sleep at night, worried all the time. You sound like a good candidate for a 7.

                We have an attorney we met with and liked, felt comfortable with and knew BK laws, but I have spend alot of time talking to his paralegal, she is smart and very knowledgeable on BK. She helped us fill out our Schedules, she is awesome. She is actually going back to school to be an attorney. Don't worry too much about the dealing with the paralegal. Lots of them are just as knowledgeable as the attorneys, some may even be more knowledgeable. They're the ones who fill out most of the papers for the attorney. So if you feel comfortable with your attorney and the paralegal you should be fine. Unless your question is something extreme most times you will work with the paralegal. Our attorney reviewed our papers before the 341, but the paralegal did all the "leg work".


                Good luck and welcome to the best Bk forum there is!
                Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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                  #23
                  Called and spoke with the attorneys para legal today, confirmed my appointment for Monday.

                  I also asked a few more questions,

                  Does the attorney start work when I put him on retainer with a deposit or when he receives the funds in full?
                  He starts work when he receives the payment in full.

                  Does the payment include the filing fee?
                  Yes the payment amount includes the filing fee, the total fee would be $1350.

                  Since I cannot pay him in full at this time, I prepared put down 1/3rd of the amount as a retainer, since I will not be paying these CCs anymore can I refer all calls about these accounts to your office?
                  Yes when you put him on retainer you can start to refer all calls to our office.

                  I asked a few more questions about what to bring, she said the more details the better, so I will be making a detailed list this weekend of all expenses.

                  Hope fully I can have him paid up in 3 months and get this thing filed, if he takes my case that is. Of the 3 attorneys I have talked with, I like this one the best so far, all they do is BKs.

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