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Let's play "Which attorney would YOU choose?"

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    Let's play "Which attorney would YOU choose?"

    As some people know already, my husband and I are moving to North Carolina in a few months. We bit the bullet and went down for a few days for job interviews and attorney interviews. Job interviews went well, seems promising, we'll see.We loved our time in Charlotte, and are thrilled about moving there The bk and moving make it seem like we really are having a fresh start. Curiously, only heard a few southern accents, everyone was from somewhere else,

    Interviewed two different attorneys, we were trying to do three but third atty never answered my e-mail .... okay, that one is out, lol. We have made our choice, but want to know what the majority vote is on the board.

    Atty A was in an upscale office downtown, Atty B was on outskirts of city in a slightly neglected office building.

    A's receptionist made us feel a bit uncomfortable "You're early ..." in a vaguely accusing tone, and the office was locked when we got there. Not alot of southern charm on display.
    B's receptionist apologized that he was still with a client, but would be with us as quickly as he could. We were 1/2 hour early. B came through the office area and apologized for not seeing us right away. We were still early.

    A said, when we discussed making sure our expenses would put us in a 7, and renting a home with a higher rent than we would if we weren't declaring BK ... "no, just rent what you are comfortable with". B said "that's a good idea."

    A said, re: our expenses and where we could up them "just do what you would normally do " B said " we can usually pad them as we need to to get the desired outcome"

    A said, "worst case scenario you need to do a thirteen, and pay a couple hundred back each month for five years, no big deal" B said "What we want to avoid is a 13, so we will do what we need to insure that doesn't happen"

    My husband said A made him feel guilty about filing when she said "the court is just looking to see if you make enough money to pay back some of the debt, and if you have the ability, then you should do so", and B made us smile when he referred to the trustee as "now, he's the bad lawyer" (like good cop/bad cop).

    A made me feel stupid when she snapped "where did you get that figure?'. I had just explained how we wanted to keep out expenses under $200 on the schedule J.

    In the end, Atty A was brisk, businesslike, and sort of reminded us of a schoolteacher. She gave us some forms as we were leaving. Said they had a 4 week processing time. She also threw the other attorney under the bus when I said I didn't want an atty who did a large number of cases in one day. "Like so and so?" she said, and laughed. For the record, he does not do a huge amount, based on the court calender.

    Atty B was a younger Andy Griffith as Matlock, complete with good ole boy folksy charm, kidded around and made us feel "Daddy has it all under control". He even shot the breeze with hubby about his work and job interviews while we waited for his paralegal to give us the paperwork we need to fill out. His paralegal went over it page by page, gave us her email for questions, and they had a sample forms packet as well (with a caveat on the front of "do not fill out your form using this sample form information", lol). They had a two week turn around time.

    Here is the kicker ... one of these attorneys costs $1600, one $3000. Neither includes court filing costs or the counseling fees. Our gut said Atty B. Are we wrong? Are we falling for his folksy charm? I know the paralegal does all the work and the atty is a figurehead, to some extent. We didn't even meet Atty A's paralegal. What do you all think?

    #2
    The thing is, you are communicating this through your filters.

    B "sounds" a bit more strategic, but could just as easily be blowing smoke. B could be doing bait and switch.
    A is being practical, because at the end of the day, you do need to be able to "prove" that you "actually" spend the money you listed. So advising you to put down what you normally spend is GOOD advice.

    I am not sure about the feeling guilty part, at least, not they way you describe it, The court (or more accurately, the code) REALLY is looking to see if you have a way to pay something.

    Before you decide, read and try this: How to Test Drive Your Bankruptcy Attorney Before you Hire.

    Comment


      #3
      Based purely on what the attorneys said, leaving out personality, I'd go with B. The friendliness is a bonus, not a selling point, imo. He sounds more like he's willing to fight to get you into a 7. If he's the more expensive one, I'd say he's worth the money if he can keep you out of a 13. Attny A could cost you a lot more over 5 years....
      Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
      0% payback to unsecured creditors, 56 payments down, 4 to go....

      Comment


        #4
        Hi strawberry,

        As you first stated, you had a third attorney in mind but he didnt reply back to you. I would interview more attorney's than just two. We interviewed numerous attorney's before finding one that is 100 miles away. The previous attorneys probably would have been fine, we just felt very comfortable with the last one. You shouldn't feel like you have to settle on a particular attorney.

        With that being said, you have to feel comfortable with whoever you retain. If Atty A does not fit that bill, I would pass on him. Interview some more attorneys to compare to attorney B. Sounds like you are knowledgeable about the rules regarding BK's. When I spoke with the first attorney I didnt know anything about means test, DMI, etc. The more I knew, the more intelligent questions I could ask the attorney's, making my choice that much easier. In Florida we get a $1000 personal property exemption (double's with the filers). I asked one attorney if that $1000 was per person including my two children who were under 5 years of old. When she replied she would have to look into that, we bolted from her office never to return. When you find the right attorney, you will know.

        Good luck!

        Comment


          #5
          Originally posted by HHM View Post
          The thing is, you are communicating this through your filters.

          B "sounds" a bit more strategic, but could just as easily be blowing smoke. B could be doing bait and switch.
          A is being practical, because at the end of the day, you do need to be able to "prove" that you "actually" spend the money you listed. So advising you to put down what you normally spend is GOOD advice.

          I am not sure about the feeling guilty part, at least, not they way you describe it, The court (or more accurately, the code) REALLY is looking to see if you have a way to pay something.

          Before you decide, read and try this: How to Test Drive Your Bankruptcy Attorney Before you Hire.
          HHM Re: the expenses. On the board it is recommended that you allow yourself the expenses you would have if you weren't struggling financially. Believe it or not, I am a bit of a tightwad. If we were not filing bk, I would probably rough it in a cheap 1 bedroom for $600 a month, to save money. If I do that prior to bk, I just gave up $577 (per the IRS standard for the area) allowable rent, freeing up enough DMI to put me into a 13, correct? And for my frugality I am now stuck in a tiny one bedroom, in an area of town I don't want to live in, for 5 years. I could probably hack it for 1 year, but not 5. I will be having 4 granddaughters to stay over every weekend as well, which would be really cramped. And since I am moving, I can choose how much I pay for rent. My old house had a $1700 a month payment and my current house has a $1000 a month payment. So if I spend $1200, it is kind of in the middle of what is normal for us. My husband is also looking at a $5/hour pay cut. This gets us a moderate sized 3 bdrm rental in a decent area, not granite counter tops and swimming pools. I will be choosing all new utility providers, cell service, Internet, etc. My increased expenses fall in the category of not the basic service, not the premium, just in the middle. See where I am coming from?

          I will be interviewing more attys when I get moved, and investigating these two more in depth. But I just thought I would post this to get everyone's take on these two choices (high and low priced).

          Comment


            #6
            Originally posted by momofthree View Post
            Based purely on what the attorneys said, leaving out personality, I'd go with B. The friendliness is a bonus, not a selling point, imo. He sounds more like he's willing to fight to get you into a 7. If he's the more expensive one, I'd say he's worth the money if he can keep you out of a 13. Attny A could cost you a lot more over 5 years....
            Yes, I am really basing it on how he viewed our case, how he answered my questions, and the fact it seemed he was more interested in keeping us in a 7. The personality part just makes it easier. If Atty A had that personality, but strategy wise remained the same, I would still not prefer Atty A.

            Comment


              #7
              Originally posted by Cavedog View Post
              Hi strawberry,

              As you first stated, you had a third attorney in mind but he didnt reply back to you. I would interview more attorney's than just two. We interviewed numerous attorney's before finding one that is 100 miles away. The previous attorneys probably would have been fine, we just felt very comfortable with the last one. You shouldn't feel like you have to settle on a particular attorney.

              With that being said, you have to feel comfortable with whoever you retain. If Atty A does not fit that bill, I would pass on him. Interview some more attorneys to compare to attorney B. Sounds like you are knowledgeable about the rules regarding BK's. When I spoke with the first attorney I didnt know anything about means test, DMI, etc. The more I knew, the more intelligent questions I could ask the attorney's, making my choice that much easier. In Florida we get a $1000 personal property exemption (double's with the filers). I asked one attorney if that $1000 was per person including my two children who were under 5 years of old. When she replied she would have to look into that, we bolted from her office never to return. When you find the right attorney, you will know.

              Good luck!
              Cavedog, that's pretty funny! I guess the difference was Atty A questioned everything I had learned on this board and other web sites, and seemed dismissive. The other atty made me feel I might have something to contribute, and I felt respected at least. But, he could have just been blowing smoke, lol to get the client.

              Comment


                #8
                My two cents - a really good attorney will give you pause to wonder why you paid them because everything went so well.

                See, that is their job.

                I was once told that the only reasons to hire an attorney are to ensure that: a) everything goes right; and b) if everything goes left, they will make it right.

                After interviewing more than a dozen, I went with the one who helped me map out a BK filing strategy within the boundaries of the laws. He was as specific as he could be in making recommendations and telling me straight what would likely happen. I did not like all the answers I heard (we had a fairly complex case) but everything he said came true. The funny part is, I only felt that he was "The One" after talking to many others.

                HHM - great link by the way.

                Comment


                  #9
                  Originally posted by Cavedog View Post
                  With that being said, you have to feel comfortable with whoever you retain. If Atty A does not fit that bill, I would pass on him. Interview some more attorneys to compare to attorney B.
                  I agree. And use HHM's link with B.

                  Leave the fee out of your decision making process. Not a good place to be a tightwad.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                  Comment

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