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    New here. Choosing a lawyer?

    Hi. I'm new here. I've read everything I can but I still need some help. I've met with 3 attorneys and talked with my accountant (who recommended BK in the first place).

    Lawyer #3 20 years experience specializing in BK. He encouraged me to file right away to avoid prolonging the process. He also said a paralegal would handle all paperwork and a designated attorney -- not him -- would handle the hearing.

    Lawyer #1 said not to rush and to do what feels right in my own time frame. But this lawyer is building a brand-new practice. Should that concern me? In a way, I'm thinking that could mean more time and attention.

    (Lawyer #2 straight up sucked.)

    Why would I want to file right away? Isn't it to my advantage to stop paying my cc's, save this money to pay for the attny, and file down the road?

    I have a lot more questions, but I'll stop here for now. Does anyone have advice on choosing a lawyer based on what I wrote above? Thanks in advance, everyone!

    #2
    Tough one.

    If was not getting good vibes, so to speak, I would keep interviewing attorneys.

    I spoke with 3 of them, chose the 3rd, I liked the guy, he was straight with me in the interview, said to tell him exactly what lead to the situation I found myself in. He looked me right in eye as I spoke to him and he looked me in the eye when he spoke to me.

    After all was said and done and we had shot the shit for awhile, I asked him, will you take my case? Yes I will, lets get this going.

    Go with your gut on this.

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      #3
      Well waiting is a great way to save up the money you need to pay the lawyer. I'm one of those people though that want things done yesterday. I'd rather file right away but that's just me.
      4/09 Converted to a Ch 7 due to loss in dh's income
      5/09 UST now involved no idea what happens next
      7/09 UST has decided to withdraw his motion to dismiss!
      7/27/09 DISCHARGED!!!

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        #4
        Thanks for the feedback. It's still tough to know what to do!

        I don't pass the means test, but both lawyers said they were convinced I could file Ch. 7.

        Has anyone been told this? Is it risky?

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          #5
          Originally posted by ClearFuture View Post
          Thanks for the feedback. It's still tough to know what to do!

          I don't pass the means test, but both lawyers said they were convinced I could file Ch. 7.
          Has anyone been told this? Is it risky?
          Which part of the test do you fail? Did either attorney look at your actual expenses and actual income before reaching that conclusion? Be careful. Some attorneys will suggest a C7 to get your retainer then "realize" you're a C13 candidate.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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            #6
            OhioFiler -- That's exactly what I'm concerned about -- a 7/13 switcheroo. The lawyers looked at my general income and expenses, but neither of them actually ran the means test. One said he wouldn't do it until I retained him. The other said it should be fine because we would pad my expenses. Those were his exact words. I'm not OK w/the idea of padding anything. I'm not trying to run a scam, I'm trying to take responsibility as best I can. I did my own means test online and I earn more than the median income.

            If I'm looking at ch 13, I think I'd rather work hard hard hard to pay off my debt instead of having the government involved in my business. I have disposable income at the end of the month. It's just not much. I'm not behind on any bills. I'm looking at BK at the advice of my accountant.

            I'm not so convinced this is the best way to go. I owe $35k in cc debt and I'm about to lose 10% of my income to furlough. I think I can pay off the cc debt w/the snowball method in 5 years -- the same time a chapter 13 would take.

            I'm starting to think I should stay current with my bills while I sort this out -- despite my accountant's advice that I stop paying.

            Any feedback and gut feelings about this would be massively appreciated!

            Comment


              #7
              You need to complete schedules I and J using your actual current (lower) income and actual post-bk expenses. See where that gets you in terms of a DMI. If you are less than $100 you should be fine doing a C7. I would shoot for a small negative.
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

              Comment


                #8
                Not sure what your interest rates are on your credit cards but mine have all jumped up into the 20% range... So I owe in the $30,000 range also and didnt pass the means test. But when you think about it... Paying for 5 yrs w/no interest and being done at that time or paying with interest for forever ??? What makes sense to you...I am kinda in the same boat as you.. I'm so confused but I want out from under this financial disaster I created. Some of it because being a single mom to 2 kids trying to hold a house together is not a easy task and I wasnt making as much money as I am today...It just kept adding up and they kept increasing my avail credit and I spent it... I vow I dont ever want another credit card with more than a $300 limit that can be paid off every mth for emergencies only....
                Those who live in glass houses should not throw stones
                Chapter 13 filed 10-21-09
                Discharged 4-13-15

                Comment

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