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Does this seem like OVERKILL from my lawyer???

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    Does this seem like OVERKILL from my lawyer???

    I found a lawyer that I like after talking to 3 or 4 of them in ~ 8 mths time. This one had sent me a letter introducing himself with a link to his website and I was impressed. My main concern was that even though he'd been a lawyer for 25 yrs, he is only just now getting into BK's. I had spoke to him twice on the phone and was ready to retain his services. He sent me an email / link last weekend to a website to fill out all my info and he also had a link to a list of documents that he will need from me.

    After going to the site (MyCaseInfo) and reading the intial disclaimer(?), I noticed a statement on there to the effect that I need to get something from my Attorney stating what services he's going to perform for my $XX amount of money he'll be charging me. So on Monday morning I called his office and left a message asking about a Retainer Agreement (does his fee include an AP, etc.) and also what days does he file (in case he only files once a week or less).

    It's now been 4 days and he has not gotten back to me. Now that wouldn't be my biggest problem as I realize things come up, but then this morning I noticed his link to the list of items for me to bring to our 1st meeting and I was flabbergasted to say the least! Tell me if I'm wrong, but does this seem excessive to anyone? I'm thinking that he's asking for all of this due to the fact he's NEW to this area of law?! I can see some of the stuff, but to me it looks like OVERKILL and I'm not in the mood with all that I've got going on right now. I'm starting to think that I may have to file Pro Se .

    Bankruptcy Document Check List

    Please provide the following documents (where applicable) to our next meeting so we can prepare the bankruptcy petition.
    1. 6 months of paycheck records.

    2. 6 months of bank account statements.

    3. Copies of titles to all motor vehicles.

    4. Copies of recorded mortgage and deed for all real property. These documents are normally obtained from the Recorder's Office for the county where the real property is located.

    5. Copies of any and all lease agreements, including motor vehicle leases, rent-to-own property, contracts, etc.

    6. A copy of appraisals made within the past 12 months for all real property. If you are buying or own any other real property, and it has not been appraised within the past 12 months, you must pay for an appraisal prior to filing bankruptcy.

    7. Copies of any lawsuits, foreclosures, judgments, liens or garnishments filed within the past two (2) years.

    8. Summaries of all insurance policies including life, disability insurance, homeowners, renters, motor vehicles or any other insured assets. Include any "riders" which cover any specific items of personal property with insured values.

    9. Income tax returns for the past 2 years.

    10. Account statements for retirement accounts, IRAs, 401Ks, etc.

    11. Separation agreements, divorce decrees or support obligations.

    12. Credit card statements, security agreements, financing statements and any personal property leases.

    13. Copies of credit reports from all at least one credit reporting agency: Equifax, TransUnion or Experian. Under law, you are entitled to one free credit report per year which you can obtain online at:


    14. Stock certificates, bonds, credit union and passbook savings accounts and statements evidencing investments or savings.

    15. Documents verifying interest in any future property (such as an inheritance.)

    16. Consumer credit counseling certificates. If you have not obtained your credit counseling, you may obtain it online at: http://www.yourbankruptcypartner.com..._certificates/

    17. Copies of any previous bankruptcy cases filed within the past eight (8) years.

    18. Copies of the most recent statement from any educations IRS and/or Tuition Trust account.

    19. Copies of the most recent statements from any student loans.

    20. List of prior addresses you have lived at within the past three (3) years.

    21. Copies of utility bills for the past six (6) months.

    22. Driver's license or other identification card which provides verification of your social security number.

    23. Any documents relating to a "disabled veteran" status.

    24. A budget showing current income and all monthly expenses.

    25. A completed set of MyCaseInfo forms should be completed. In no circumstance should your credit report be used in place of the completed forms. Your credit report should be used as a guide to make sure all your debts are included.

    We do not want to retain the original of your documents, so please either copy them or scan them into PDF format and place on a CD-Rom prior to our meeting.

    Thank you.

    #2
    This looks very similar to the things I needed to provide to my atty for him to prepare and file the paperwork.

    The only difference I see is the insurance information.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

    Comment


      #3
      Yep! Our BK Attorney did not ask for 6 mths. of utility bills, on 2 months bank statements, didn't ask for the credit card statements, but did require a list of when CC were opened, any charges over $500 and Balance Transfers (where they went..to another CC or into our checking account) He is doing all the copying of our past 2 years tax returns and any other copying that needs to be done like legal paper as my copier will only print 8 1/2 X 11.

      He is charging $1,300 which does not include the 2 bankruptcy classes. However, it does include 2 reaffirmations and his attendance at the 341 hearing.

      Comment


        #4
        We had to provide all of that information. I think it depends on your local area. One thought - if you are high income, or high debt, you may want to find an attorney that has been practicing bk for some time. You don't want to battle the UST with a first timer.

        Good Luck!

        Comment


          #5
          Yep. This list is very similar to what my husband and dad had to provide their attorney's in order to file.

          Comment


            #6
            WOW!! Thanks for your responses! I've been reading the forum for 8 mths now, but don't recall seeing this HUGE of a list :0. I can barely afford an attorney, no less the cost of getting all this info together. I mean really, I have to PAY for an appraisal of my home that I can't sell and will most likely lose???

            Comment


              #7
              I wouldn't go as far as to pay for an appraisal. Just have a local realtor do a market analysis. The attorney should be able to work with that.

              Comment


                #8
                Originally posted by LDL View Post
                WOW!! Thanks for your responses! I've been reading the forum for 8 mths now, but don't recall seeing this HUGE of a list :0. I can barely afford an attorney, no less the cost of getting all this info together. I mean really, I have to PAY for an appraisal of my home that I can't sell and will most likely lose???
                My attorney allowed me to use zillow.com for a rough estimate of property value, as I was not close to the exemption amount. You might want to ask about that. Also, with the utilities I only gave a number (after calling the utility companies and getting the dollar amount I spent in the previous year)
                The list is intimidating, but it will go fairly quickly once you get into it. If you have online access to your accounts, it makes it easy to print up statements and such.

                Good luck. You will get through it.
                8-07-09-filed Chapter 7
                11-18-09-DISCHARGED!!

                Life is not what challenges you face, but how you face those challenges.

                Comment


                  #9
                  This is very similar to what I just put together. I went Wednesday and this all done by Friday. If you keep decent records you can get it done. It's a lot, but a lot of it you have laying around. Also, a lot of stuff I got off the internet sites of the places (utility bills, credit card statements, etc.)
                  New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

                  Comment


                    #10
                    both my husband and my dad were told that zillow was fine for a general appraisal. However, both were abandoning their homestead property, so that may make a difference. I would definitely discuss this with the attorney at your first meeting.

                    Comment


                      #11
                      Originally posted by 2Bshinyandnew View Post
                      both my husband and my dad were told that zillow was fine for a general appraisal. However, both were abandoning their homestead property, so that may make a difference. I would definitely discuss this with the attorney at your first meeting.
                      Thankfully, I am not abandoning my property in the Chapter 7. But the equity I have in it was small enough for it to not matter.
                      Good advice to discuss this with the attorney, but I would not pay for a appraisal.
                      8-07-09-filed Chapter 7
                      11-18-09-DISCHARGED!!

                      Life is not what challenges you face, but how you face those challenges.

                      Comment


                        #12
                        As far as the real estate valuations, I have a bunch (real estate is how I got into this mess) she asked me what they were worth and told me that if necessary we would have to get a BPO (broker price opinion) which can be easily done by any real estate agent for a between $50-100 per property. She recommended a few around here and I have called and gotten their prices in the event that I need them. She only does BK and she has been doing them here for 20 years so I feel confident that she knows what she needs and doesn't. Hopefully, I slide though without having to spend the extra money.
                        New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

                        Comment


                          #13
                          That's pretty much the same list of things to bring that my lawyer sent me. The 6 months of credit card and banking statements were pretty easy as I just downloaded them from online (once you file, they cut off your access so get anything you need now.)
                          Filed 5/12/09
                          341 6/11/09
                          discharged 8/11/09
                          Closed 8/14/09

                          Comment


                            #14
                            Originally posted by LDL View Post
                            I can see some of the stuff, but to me it looks like OVERKILL and I'm not in the mood with all that I've got going on right now. I'm starting to think that I may have to file Pro Se .
                            ]
                            File pro se, miss one piece of info on that list and you might be back to square one. Are you going to be in the mood for that?

                            Yes it's a lot of questions and hunting down info, but I'll bet a very small percentage of people actually need everything on that list.
                            Thats not your lawyers request for information, thats the required list for everyone who files bk.

                            I didn't fill out one piece of that paper work, my lawyer did it all, he asked and most was N/A.
                            Then he gave me a hand written list of my peticular paperwork to bring back.

                            So yes, this is an edit BTW, it does look like overkill, but if it doesn't apply to your situation list it as N/A.
                            Ok another edit. Might make you feel better. Look at the list and delete everything that doesn't apply to your case. The list might get shorter. You might cut the list in half, then you can look at it and it won't seem so bad.
                            Last edited by tinfoilhat; 08-07-2009, 04:40 PM.

                            Comment


                              #15
                              Your list is about half of what I had to provide! It is not overkill...
                              Filed CH 7 9/30/2008
                              Discharged Jan 5, 2009! Closed Jan 18, 2009

                              I am not an attorney. None of my advice is legal advice in any way..

                              Comment

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