New Thread: My Attorney is an @$$!!!

[LostNFound]

You are right, the goal is what is important. I guess I'm struggling to understand why we would count 100% of my income--being that I'm self employed. Obviously, I have expenses although I wouldn't expect to use them all.

I think the idea of a chapter 13 is intimidating because my understanding of it is that the trustee is involved in my financial decisions for 3-5 years. If that was the case, I know my husband would push to let the houses foreclose or sell (whichever came first) as well as try a settlement on the credit cards. Personally, I don't have the nerves to endure something like that nor do I trust the cr. card companies to work with us on a settlement. Besides, the attorney we talked to seemed a little frustrated that we recently sold a house and let the other go back on contract. I thought I was doing the right thing at the time. I guess I should have left it alone.

Anyway, thanks for your comments HHM. All valid statements and you have us pegged--we need to remember the goal. We need to work on that and accept whatever happens instead of fighting it. In the end, I just want to sleep at night and stop working so hard-- just to break even.

[dakota112]

Unfortunately in my search for an atty, I didn't have any friends or family I could ask to see who they used for their bankruptcy so I resorted to the yellow pages which was a bad mistake. The first 2 attorneys shouldn't be allowed to give advice to animals let alone people. I paid them and never got a call back, which is when I knew something was wrong. Finally I spent 2 weeks doing research on the internet and picked an atty that uses an online application form and gave references for his work which I verified and the site was wonderful. All he did for the past 25 years was bankruptcy, teaching at the local law school. 30 minute phone call was free and I was happy after that, and so far all has worked out well. This is a very difficult problem I suspect for us all. It is no different finding a good doctor. Good luck

[HHM]

You will be able to back out your business expenses.

Keep in mind there are 3 parts to the means test. Part I is simply the over/under median; in that part all your income counts. Part II you get to back out certain expenses (self employment expenses, etc). Part II means test is an art form. Some attorneys over simplify and don't even know what will count and what doesn't. But, there are limits to what you can do with Part II means and still pass. Also, there is the interplay between Schedule I & J and Part II means, if Part II means says you have disposable income but I&J don't, you and the attorney need to figure out why, and then determine if the expenses on Schedule J will fly in order to keep you out of a chapter 13. But sometimes, it is just not possible.

[LizardTail]

Finding the right attorney is very tricky. I have worked for attorneys for 30 years. In that time, never did the attorneys that I work for not return client calls. Then I was so surprised that the atty I chose for my Bk was very non-communicative. I pre-paid him, sight unseen, no meeting. THEN the non-responsiveness started. I still had some questions and a few more documents to get to him, but he was not communicating.

I sent him an email, and in the subect line it said "Urgent Response Needed". I told him I needed communication from him within the hour or a full refund. He replied email with all of my questions answered, apologized for the non-communication and he has been GREAT ever since. I met with him today and all went well. I signed the dotted line and he will be e-filing my BK-7 this evening!

Attorneys are strange.

[sufferingAZ]

I had seen 3 attys and I found the best here in AZ. Answers his phone when called, or gets back to you the same day. Super nice, smart and I have even been to his house 3 times (to drop off and pick up paperwork)!!! lol I say go with the atty that isnt worried about showing you where he lives! LOL