Just want to stress the importance of finding a good lawyer

[Fallonedward]

We took our time and interviewed more than 10+ lawyers until I found one I was comfortable with and answered my list of 25 questions.

I can not stress how important it is to find the right lawyer for you. This is a very important business decision you are making so please do yourself a favor and make sure you have a good attorney.

Thur this wonderful forum, I was able to make that list of 25 questions and I was amazed at what some of the attorneys said or answered to some of my questions.

One lawyer actually told me she could only give me 15 minutes for a free consult. I thanked her and left after 2 minutes and she was dumbfounded when I said if you are rushing me now you are going to be rushing me when I file.

Thank you to one and all, I was able to file and I found the perfect attorney for me, thanks to everyones help.

[tobee43]

We took our time and interviewed more than 10+ lawyers until I found one I was comfortable with and answered my list of 25 questions.

I can not stress how important it is to find the right lawyer for you. This is a very important business decision you are making so please do yourself a favor and make sure you have a good attorney.

Thur this wonderful forum, I was able to make that list of 25 questions and I was amazed at what some of the attorneys said or answered to some of my questions.

One lawyer actually told me she could only give me 15 minutes for a free consult. I thanked her and left after 2 minutes and she was dumbfounded when I said if you are rushing me now you are going to be rushing me when I file.

Thank you to one and all, I was able to file and I found the perfect attorney for me, thanks to everyones help.

AMEN! to that!!! congrats fallon on finding someone that you feel safe and comfortable with!!!

[Fallonedward]

Tobee, you were my inspiration. You empowered me to not settle for anything but the BEST lawyer our there. For me, I was happy that I went with a one person operation as the person I interviewed was the person that handled my case.

Don't know if your remember but I actually walked out of my first attorney mid way thru him filing. He kept rushing me and telling me things that were so far off the mark, I ran for the hills, LOL

So important to go with your gut

[keepsmiling]

Good advice. Can you give me an idea of exactly which questions I should be asking??

[tobee43]

Tobee, you were my inspiration. You empowered me to not settle for anything but the BEST lawyer our there. For me, I was happy that I went with a one person operation as the person I interviewed was the person that handled my case.

Don't know if your remember but I actually walked out of my first attorney mid way thru him filing. He kept rushing me and telling me things that were so far off the mark, I ran for the hills, LOL

So important to go with your gut

ahhhhhhhhh....you just made MY week!!!!!!!!...i'm so glad i could help! that's exactly what this forum is suppose to do...help each other through these times.

and YES, i remember the entire situation....


and i'm so glad you're playing it forward and helping others...

[discouraged]

Could you post the 25 questions as a sticky? I don't know about anyone else, but I am STILL so new to this and have so many questions. It would help to know just what to ask a lawyer. I am so uncertain about the one I saw and have been putting things off until I can find others to talk to. Can't do it until after December as I am working at a temp assignment and can't find a law office (other than that one) that works Saturdays. So would be helpful to have a list compiled when I do interview others.

[Fallonedward]

I'm heading to the grocery store but will do it when I get back

Could you post the 25 questions as a sticky? I don't know about anyone else, but I am STILL so new to this and have so many questions. It would help to know just what to ask a lawyer. I am so uncertain about the one I saw and have been putting things off until I can find others to talk to. Can't do it until after December as I am working at a temp assignment and can't find a law office (other than that one) that works Saturdays. So would be helpful to have a list compiled when I do interview others.

[tcreegan]

Thank you, thank you, thank you for posting...given the horror stories around here, shopping for attorneys can't be emphasized enough!

We took our time and interviewed more than 10+ lawyers until I found one I was comfortable with and answered my list of 25 questions.

I can not stress how important it is to find the right lawyer for you. This is a very important business decision you are making so please do yourself a favor and make sure you have a good attorney.

Good job Fallonedward!

Tom in Col

[tyson24]

I went with a one man operation too. He answers every one of my calls and he told me initially that he doesn't file 150 cases a month but rather 40. he said he was not a mill and would deal with me one on one. If I call and he does not answer, he calls me within the hour. He is awesome. Even annoying as i have been with him

[Fallonedward]

How to Help Devise Your Forward Looking Budget --- (I found this advice on another forum but wanted to share here)

If you don't want the trustee kicking out a bunch of your expenses and or if you trying to determine if an expense is a valid one (like dancing lessons for the kids, recreation at $200 plus per month --- These are big red flags to the trustee)

Medical, Fuel for Cars, (car and term life) Insurance, Food --- These are some very valid expenses

Look here: http://www.justice.gov/ust/eo/bapcpa...anstesting.htm
This will give you your template to construct your budget using the National Standards for each area.

Listed below is what I submitted for an example for you.

Personal Living Expenses
Local Standard : 1633

Food 900
Clothing 202
Laundry/dry cleaning 125
Recreation 98
Haircuts, Hygiene Products, Makeup, etc 115
Birthday's / Christmas 50
Sams Club Membership * 3
Education Expenses 140
Grand Total $1633


Utilities
Local Standard : 600

Electricity & Heating Fuel 335
Water & Sewer 70
Garbage 17
HOA 10
Home Maintenance 120
Telephone 48
Grand Total $600

Housing
Local Standard : 1433

Mortgage (inc RE Taxes) 1772
Homeowners Insurance - 137
Home Equity Payment 360
Grand Total $2269

Vehicle Operating Costs
Local Standard : 588

Fuel for Car's 280
License Plate / DL* Renewal - Jan & July* ($280 yr) 23
AAA Yearly Dues 14
Car Insurance 309
Grand Total $626

Ownership Costs
Local Standard : 496

Car Payment 375.02
Grand Total $375.02


Health Care Expenses
Local Standard : 300

Medical Coverage Insurance 207.12
Medical Expenses 113.56
Prescription Drugs 98.7
Diabetic medical supplies 21.67
Dental expense 120

Grand Total $561.05

Other Expenses

Cable/Internet 85
Cell Service 165
Life Insurance Contribution 24.02
Grand Total $274.02


Combined Gross Wages 5546.98

Payroll Taxes 777.62
Average monthly income 4769.36
Monthly net income -1365.73

[keepsmiling]

In NJ you wouldn't be able to get ANY kind of health insurance for 207. Our 1200/mo is partly why we are BK..... safe to assume self-employed have different numbers, right?

[Fallonedward]

25 Questions to Ask at a Free Consultation Meeting with an Attorney

(thru the help of this forum, I devised these questions to ask at my free meetings with the 10+ attorney I interviewed, I hope this info helps somone)

Questions


1. What are the ramifications if I do not re affirm my mortgage?
1.a. What are (Insert your state here) laws governing this?
2.b. If we choose to not re-affirm and stay current on payments will we expose ourselves to anything negative?
3.c. Can the mortgage company change our terms if we do not re affirm?
4.d. If the equity builds up or an increase in property values what is there to prevent the lender from taking the house?


2. Should I re affirm my car?
2.a. goal is to keep both cars for transportation to and from work
2.b One car is owned and is below the dollar cap on value, other car is used 2007 that I just purchased this year.
2.c. Is their any chance that I could lose my car in the bankruptcy - I need it to get to work
2.d. Does the bank have the legal right to repo my car if all payments are paid in full but the judge trustee will not allow us to re-affirm?


3. How successful are you in submitting a budget and having the trustee accept it?
3.a. If the trustee does not accept the budget how much of a fight will you put up to ensure its accepted?
3.b. Using the IRS Allowable standards in helping us create our budget some of our categories go over the allowed amount, I expect you to fight for us since I have receipts for everything.
I have receipts for all of my expenses starting in 2010 when I began to track via a budget
3.c. I have read that if you have documentation, you are allowed to claim an extra 5% in the food and clothing categories?
(Diabetic son with no sugar and low carb needs)
3.d. Can we include the Transporation - Ownership Costs for both of us?

4. With our 6 month look back in November with just my salary we fall below the median income allowed for a family of 5
4.a. Our DMI is a negative number per month, we have no funds to be pushed into a 13 , How hard will you fight to ensure that we are not pushed into a 13?
4.b. Hubby's UI is SS benefits and does not count in the 6 month look back to determine total 6 month average, can will make this work in our district?
4.c. Going forward do we use hubby's UI to determine a budget since UI will fall off
4.d. Do you include UI in determining the budget that you submit to the trustee?

5. How detailed does one need to get with the list of possessions
5.a. I have done a listing grouping items by category, i.e.; family room, living room, etc, is this ok?
5.b. Thru research it states I should use garage sale prices in determining values, is this true in our district?
5.c. list out the Kids toys and their clothes as well, or items they have purchased w/their own money?
5.d. joint owner on my 20 year olds savings account, monies used for college tuition
5.e. Do I need to list out every piece of furniture (i.e. much of our household large items are 15 to 20 years old)
5.f. Do I list out the fridge, stove, dishwasher


6. Should I include the payment amount for the Home Equity in our Budget ?
6.a Does the trustee allow for the re-payment of the Home Equity Line?

7. I want to file on a specific day, can and will you do that?
7.a Would we pull our bank balances on that day and tell you what they are?
7.b Can we on the day after we file begin to use funds to purchase food, fuel, living expenses?


8. Should we choose Federal or State Exemptions? Which will be the most beneficial for us to use?
8.a How do you determine what is the best?


9. What are the details of what my exemptions will look like?
9.a. How low does my bank account(s) need to get to?
9.b. We have car repairs, necessities, doctor appointments, home repairs and new glasses needed?
Are these acceptable expenses to have prior to declaring?
9.c. What dollar amount is the trustee looking for on the DMI?

10. What requirements do we have to complete prior to declaring?

11. Is their any paperwork that we need to complete prior to filing?


12. Once we declare; I would like to have out 341 hearing as quickly as possible?
12.a. Who will tell me and or when will I find out date of my 341?


13. How many court appearances are required?


14. If we have questions of you throughout the process, will you allow us to email you and or phone you?
14.a I expect you to be at the 341 with us; is this a valid expectation?

15. Hubby is unemployed what if after we file he gets an offer?
15.a Can he accept the offer and does that disqualify us to be in the 7?
15.b If he has had interviews prior to declaring but those interviews have NOT turned into offers, how do we proceed / respond at 341?

16. On the Budget that we submit do I need to itemize my insurance costs that I pay to my employer ?
16.a I have to pay for my health care, dental, vision, insurance, etc


20. If the UST files a presumption of abuse, and totality of circumstances
20a. What is your strategy going to be in handling such a challenge?

21. From research I feel I can include my Flexible Spending Account payments as an expense
21.a. What are your thoughts on this?


22. We should be a non asset case
22a. Assets we have, we can claim as exceptions
22b. Have not had a tax return in years

23. Own 70 Shares of Stock can you exempt?
23a. Can we excempt this, since the amount is less then $1,000?

24. The certificate of debtor education needs to be filed within 45 days after our 341
24.a The 2nd Debtor class that is required; Will you file it for us or is this our responsibility?

25. Prior to filing I want copies of everthing that you will be sending to ensure accuracy
25.a Once documents have been filed I want copies
25.b. If I find that you have made an error will you fix for free or will you charge me for your error?

[lrprn]

fallonedward's list of expenses is good for the state and local court he/she filed in - thanks for sharing, FE!

However, for our other members, keep in mind that your local court and trustee may not allow the same. That's why having a straightforward conversation with your bk lawyer about the allowed level of expenses, the amount of cash allowed to be in accounts on filng day, etc. is so important.

There is a tremendous amount of variability between trustees, sometimes within the same state, and lots of gray areas in Ch 7 case law between court districts and and between the 50 states. Never assume that just because one member here was able to have a certain level of expenses that you can also.

Always ask your own lawyer who is familiar with what will be allowed and what won't in your local court and by your trustee.

[Fallonedward]

This health insurance cost is thru my employer, thus the reason the number is small, compared to what I would have to pay out of pocket if I was self employed. good luck keepsmiling

In NJ you wouldn't be able to get ANY kind of health insurance for 207. Our 1200/mo is partly why we are BK..... safe to assume self-employed have different numbers, right?