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Filed a 7 some questions please

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    Filed a 7 some questions please

    We filed and have been give a 341 date of the 27th of October. I have had requests for a few items, and a letter for WF one of those stay letters for a rental in GA to happen after the 341. Anyhow, exactly what do you get for your money from an attorney? I guess I expected so much more. We had to pre consult, hubby did that just to chose an attorney. Then we went in with the paperwork he needed and met with him for about 2.5 hours going over our debts, and paperwork and if we made too much for a 7. Since then all calls have been needing something and the only contact is the receptionist. We got appraisals done on the cars, and the attorney office called yesterday to get copies so they could give them to the trustee.. I thought copies were sent to everyone per our copy they were? Then I get a letter asking for our banking for "the month" you filed a BK... and we were told that they would need banking only up to the date you filed? I don't want to send the wrong stuff but I feel like we don't have an attorney in this matter! They sure charge a lot and give little guidance. I mean 2.5 hours, and the computer generated paperwork done by his staff, then the court date and we have coughed up a few grand for this? I suppose if we called him, we might get to talk to him, but what is the deal, are they all this way? I guess I thought he would be working with us thru the process? Maybe I expect too much?

    #2
    I know it's frustrating, but often a bankruptcy lawyer has no idea what the trustee is going to ask for until the case is filed. The trustee is assigned when the case is filed, and different trustees ask for different things.

    Be patient, and be cooperative. Your lawyer is undoubtedly working as hard as he or she can to fulfill the trustee's requests, and needs your help to make it happen.

    Good luck!
    I am a lawyer licensed to practice in NY and CA, but I'm not your lawyer unless we have a signed agreement that says so. Nothing in this post should be considered legal advice.

    Comment


      #3
      Also, you may be expected to provide more documentation later that you do not anticipate as well. You will (most likely, depending on your district) be required to show the balance of your bank account as of the date you filed... people have been asked for anything from credit card statements, the last 6 months of bank statements, purchase receipts...

      Unfortunately as Jay mentioned, most of this is unforseen until its asked for.

      It is very stressful and a big pain I know... but hopefully it will be fairly painless.

      My lawyer was ok... I paid him almost 3,000 for everything. I could email him whenever I want and he would write me back within hours generally...sometimes late at night or on the weekend. I did most of my coorespondance with the paralegals. However, he did F up at the end and didn't get my reaffirmation agreement filed on my car and blame it on me..... so, not every lawyer is perfect! lol We just pray that we pick ones that have their acts together. When I went to my 341 I saw so many lawyers that hadn't gotten all the necessary paperwork from the clients and just totally screwed up people's cases.... I was just glad mine was fine.
      Last edited by Amy26; 10-09-2009, 08:04 AM.
      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

      Comment


        #4
        Originally posted by momisery View Post
        I have had requests for a few items, and a letter for WF one of those stay letters for a rental in GA to happen after the 341. Anyhow, exactly what do you get for your money from an attorney? I guess I expected so much more.
        This is normal business. What exactly are your expectations? A Motion for Relief from the Automatic Stay (MFRS) is entirely normal process.

        Originally posted by momisery View Post
        I suppose if we called him, we might get to talk to him, but what is the deal, are they all this way? I guess I thought he would be working with us thru the process? Maybe I expect too much?
        You may be expecting too much. Look at your service agreement to see what services are covered by your fee(s). In most cases, you interact with a paralegal at the attorney's office, and not the attorney themselves. They are busy in court fighting for other people, just like you. While most people misunderstand the entire bankruptcy process, that nothing happens quickly, that a lot of paper moves around... sometimes it is an attorney issue.

        I have read nothing in your post to indicate that your attorney isn't working for you. Once you file, it's literally ALL downhill from there. Most of the attorney's costs are filing the petition. The next major even is representation at the 341 Meeting. From there... it's usually nothing else as the case is generally on auto-pilot at that time.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          If the attorney needs more documentation it makes sense to me to deal with a clerk or paralegal. If every transaction was via the attorney our cost to file would skyrocket.
          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
            Thanks.. I feel much better.. I guess I just expected much more for my bucks. i know I give a heck of a lot for my bucks.. But you never can know the costs of other either. The trustee said we would get a questionaire from our attorney in his letter of what to bring and we did not get a thing from the trustee in that form? Being scared I want a bit of hand holding I guess. lol THanks..

            Comment


              #7
              You're fine. This is truly a situation where "no news is good news".

              A lot of the work is done in the background, where you won't see it. Papers and filings shuffled between trustee, lawyers, creditors and judge.

              Just give em what they ask for and if you really have serious questions about something, call the paralegal.

              Sounds like everything is on track!
              11-20-09-- Filed Chapter 7
              12-23-09-- 341 Meeting-Early Christmas Gift?
              3-9-10--Discharged

              Comment

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