Which Lawyer option should I go ? kinda long sorry

[CCA1984]

First off Happy new year to everyone

I have been looking at the top 2 firms in my area to file.

I have been getting ready to file BK and getting everything prepared. At first I was going to go with Option A for lawyer ( no names being used ) . Option A was going to be close to 2k with filing fees and everything. option A also said I would be able to do a payment plan. Option A has also said usually 90 days since last CC use before filing would be ok.

Option B,

I was referred to them by a good friend who works for the firm and was a client a few years back with them. the lawyer I would go through is a good friend of his for the firm and said he would do it around half of what Option A would do it for. As well option B has been doing BK cases for 3-4 years longer then option A. Option B though would require all payment up front which is a bummer but also saving the money would be nice ( and i know the saying " you get what you pay for") and usually charges close to 2k-2.5k. He is going to do another consultation for me as well and go over all options. He has advised me that 6 months since last CC use is receommended.

I'm just curious from the members here what would they recommend as far as option wise. And sorry for the questions, I have been looking on the forums and wanted to know in california can i exempt my tax return ( approximately 1k-2k) ? I spoke with someone and they said the trustee would be able to take it ? I have read multiple posts where members here have had there returns exempt and been able to use them later. Or that I would be able to exempt the anticipated tax return. Just curious what my options are and wanted to hear from the pros here . sorry for the long post thanks for reading and have a great weekend

[HHM]

A personal referral is usually the best way to find an attorney. But in the end, you need to go with the option that you are most comfortable with. As for Option "A" plan, you may want to clarify with the attorney what he means. No attorney can do a payment plan in a chapter 7, they must get paid "up front" for all work performed prior to filing BK. Most pre-chapter 7 payment plans are merely that, you pay until you have paid the entire fee, and THEN your case is filed.

Length of time practicing is largely a meaningless indicator. This is a useful blog post about what questions to ask and how to analyze a BK attorney

http://askmethner.com/?p=609

As for prior CC use, it really depends on the amount. Generally, 90 days is the standard unless you had some particularly large purchases, then 6 months is advisable. Also, you can actually use your CC's up to the date of filing so long as you are only using them for necessary living expenses.

[HakunaMatata]

Does Attorney A want all fees paid prior to filing? This seems typical since I imagine s/he wouldn't want to become an unsecured creditor.

I don't know the potential complexities of your case. If you're a no asset C7, I would be inclined to retain Attorney B based off experience, cost, and referral (plus, it appears you're receiving personal attention). Just be sure to ask what the fee includes.

Two of my referral consult attorneys had significantly different costs. I enjoyed both of them; however, I selected the more expensive attorney based on experience and confidence. In retrospect, I could have selected the less expensive attorney. My case wasn't complex and didn't require considerable effort.

Recent credit card use, in my situation, was a concern as well. One attorney told me I needed to wait 90 days while the other said I could file immediately. I filed approximately 60 days following CC use (charges were for basics only). Do you have recent balance transfers or cash advances?

I'm not familiar with CA exemptions (I think Federal can be used?). Regardless, if your tax return fits into an exemption, it's exempt. I'm sure one of the attorneys will be able to explain this to you.

[CCA1984]

HHM, appreciate the fast response and for the clarification. The personal refferal is what im looking at doing, not only cause the cost but i've known my buddy for 5-6 years and know he's not going to steer me the wrong way.
i looked at the paperwork for Option A and it says i would have 6 months to pay off the 2k. I made a few large purchases toward October and would prefer to wait the 6 months just to be sure, but also does it make a difference to the trustee that with that purchase i made, i have been still making payments on that CC ? thanks again for the help

A personal referral is usually the best way to find an attorney. But in the end, you need to go with the option that you are most comfortable with. As for Option "A" plan, you may want to clarify with the attorney what he means. No attorney can do a payment plan in a chapter 7, they must get paid "up front" for all work performed prior to filing BK. Most pre-chapter 7 payment plans are merely that, you pay until you have paid the entire fee, and THEN your case is filed.

Length of time practicing is largely a meaningless indicator. This is a useful blog post about what questions to ask and how to analyze a BK attorney

http://askmethner.com/?p=609

As for prior CC use, it really depends on the amount. Generally, 90 days is the standard unless you had some particularly large purchases, then 6 months is advisable. Also, you can actually use your CC's up to the date of filing so long as you are only using them for necessary living expenses.

[CCA1984]

HAKUMATA, thank you for the advice. Pretty much attorney "A" wants a payment to get the ball rollin. my case for the short part, live in CA, own a house in WA owe 143k worth 165k ( can exempt ) , make right aroun 38k a year and have close to 43k in CC debt. owe right aroun 12k on my car worth about 9k. My father pays a good portion of the house payment ( long story lol). the fees Option "B" are giving me includes everything ( filing fees etc. ) as far as CC use, i made some large purchases in October but have been still making payments on that CC to show i am trying to show good faith. No cash advances/balance transfers at all for at least 9-10 months ago and were paid off. I like my options for B as being able to save some money and like you said its personal attention. and sorry for all the ?'s when you say federal can be used does that mean i can save it ? sorry if that sounds dumb. thank you again for the help and with my situation. sorry for the long posts

Does Attorney A want all fees paid prior to filing? This seems typical since I imagine s/he wouldn't want to become an unsecured creditor.

I don't know the potential complexities of your case. If you're a no asset C7, I would be inclined to retain Attorney B based off experience, cost, and referral (plus, it appears you're receiving personal attention). Just be sure to ask what the fee includes.

Two of my referral consult attorneys had significantly different costs. I enjoyed both of them; however, I selected the more expensive attorney based on experience and confidence. In retrospect, I could have selected the less expensive attorney. My case wasn't complex and didn't require considerable effort.

Recent credit card use, in my situation, was a concern as well. One attorney told me I needed to wait 90 days while the other said I could file immediately. I filed approximately 60 days following CC use (charges were for basics only). Do you have recent balance transfers or cash advances?

I'm not familiar with CA exemptions (I think Federal can be used?). Regardless, if your tax return fits into an exemption, it's exempt. I'm sure one of the attorneys will be able to explain this to you.

[Bell30656]

HHM, while technically no attorney should do a payment plan for a CH7 in my personal experience I've found some that do in this area of Georgia. My attorney actually did a two payment plan. I paid half upfront and the other half at the 341.

After the 341 I asked him about the payment plan. He said, that while technically the rest of his fee could be lost he had never lost one, yet. At least three of the other attorneys that I spoke to in this area suggested that I could pay them in two or three increments. One of the three did this by using post-dated checks. Which is really weird taking into account Georgia's laws with regard to post-dated checks. (Basically if you take a check in Georgia knowing the funds are not available when it is written you can't go back and file criminal charges later.)

[CCA1984]

HHM, while technically no attorney should do a payment plan for a CH7 in my personal experience I've found some that do in this area of Georgia. My attorney actually did a two payment plan. I paid half upfront and the other half at the 341.

After the 341 I asked him about the payment plan. He said, that while technically the rest of his fee could be lost he had never lost one, yet. At least three of the other attorneys that I spoke to in this area suggested that I could pay them in two or three increments. One of the three did this by using post-dated checks. Which is really weird taking into account Georgia's laws with regard to post-dated checks. (Basically if you take a check in Georgia knowing the funds are not available when it is written you can't go back and file criminal charges later.)

Bell thank you for the response, and i should've mentioned that. he wants me to do a down payment then write post dated checks to help the thread. that i do apologize for. I'm trying to get all options from members here and if possible i'd like to get your recommendation ? thanks again

[HHM]

HHM, while technically no attorney should do a payment plan for a CH7 in my personal experience I've found some that do in this area of Georgia. My attorney actually did a two payment plan. I paid half upfront and the other half at the 341.

After the 341 I asked him about the payment plan. He said, that while technically the rest of his fee could be lost he had never lost one, yet. At least three of the other attorneys that I spoke to in this area suggested that I could pay them in two or three increments. One of the three did this by using post-dated checks. Which is really weird taking into account Georgia's laws with regard to post-dated checks. (Basically if you take a check in Georgia knowing the funds are not available when it is written you can't go back and file criminal charges later.)

Unless he discloses to you, directly, that you are not responsible to pay him after your BK is filed for work performed before the BK was filed, that is totally unethical. These types of attorneys are bottom feeders. Think about for a second, they are so hard up for business that they are willing to skirt the rules of the BK system to get paid. That is not an attorney I would want representing me.

Bottom line, an attorney in chapter 7 MUST get paid for all work that is performed before the BK is filed. If not, that attorney becomes a creditor or yours in BK, creating an inherent conflict of interest. You do NOT want an attorney representing you that would do such a thing.

[DebtEnder]

My attorney did they same thing as Bell's half when filed, half at the 341.

I didn't even ask for ask for a payment plan but I was happy to let the several hundred bucks sit in an interest bearing account for a month or so. But I do agree I could have turned around at the 341 and said I'm not going to give you the other half and there would be little he could have done. TBH he was not really worth what he was paid but that's over and done with.

[CCA1984]

debtender, thank you for the response.it does sound nice, but on my scenario im probably going to be dealing directly w/ my lawyer and save a few bucks

[Bell30656]

Debtender, I also did not ask for the payment plan the attorney just offered it and I was happy to take it. Unlike yours, I feel the attorney that I used was worth every penny. He or his office handled every issue that came up during the process and he actually responded to every question that I had either via email or telephone. Another thing I really liked was that he had a special phone number/address for any creditor calls that came after he was retained. He's not a spring chicken straight out of law school. I think he has been practicing for 30 years or more.

HHM, he did not disclose to me that I didn't have to pay him and he did not list himself in my matrix. The deferred payment system seems to be very common here in this area. I have actually received a poorly made flyer from an attorney in Athens that states his/her fees right on the flyer mentioning how much to get started and how much 30 days later.