Horrible Attorney Meeting

[catwhisperer]

Hi, You may remember me.
We were going to file pro se but by some recommendations decided to seek an attorney help.
It was good and bad. I won't go into the gory detail but we left feeling like he was calling us frauds, wanted to charge us $1200 but gave us no sense that he would defend this or help us - just fill out the forms, collect the money, if you get dismissed, oh well!!!

Because we are an subchapter S corporation and haven't been able to pay ourselves an income, we have taken a few loans from the company. They are only enough to pay rent and insurance. We felt judged - "how are you living on this" Our response - we aren't, that's why we're filing bankruptcy.

To make a long story short, we are going to wait a few months to get the business records less squirrely - they are legal, just that I understand it but the trustee won't. The paralegal that took our information said that the trustee handling our case is VERY STRICT. Oh goody!

We left feeling like we were going to pay the filing fee, pay the attorney $1200 and walk out with a dismissed case. So we are going to try to fend off this bank for a little bit, the credit card companies will keep trying but they aren't going to get aggressive. And in 6 months we should be able to file on our own.

We did get a little information out of them that helped but this doesn't look good now. I'm going to fill out the forms and get the information ready in case I need to run into the court and file.

That's all for now, I'll be around here for a while.

[Pinktiger]

I think they are all like that, attorneys. Mine almost made me cry at our first meeting. I felt he was accusing me of fraud. Now I realize he had to do this -- he is required to make certain we are not defrauding the court, and has to play tough with us to see if we are up to dealing with the trustee and all the crap we have to go through to get through the process. Bankruptcy is not for sissies.
Bankruptcy attorneys are officers of the court. They represent you but they don't defend you. However, they should advise you if they feel your case will not make it through the process.
I could have filed pro se, too. I'm smart and I have a background in law - I was a legal secretary for several years. But I'm glad, now, that I paid the attorney fees and had their help. Although I did most of the hard work myself, in the end I think having my lawyer there for me was a plus. The trustee was more willing to believe me because the lawyer was there for me. I filed without my spouse, so it was important to have this assistance.

[FilingOnMyOwn]

No, they are not all like that. Take your business elsewhere, there are good attorneys out there who won't be offended by taking on a challenge and putting their expertise to work rather than expecting easy money.

[aa06a47]

My advice, find one who will tell you the truth but not judge you and one that will work to protect you. This attorney you talked to may have been telling you the truth, just no bed side manner. On the other hand, from what you said, he didn't appear to interested in the outcome either, I don't think he has your back.

[Minnymouth]

Please consult with at last 3 attorneys..... get opinons and options from them and take it from there. Don't be discouraged over one that shows "lack of interest" or concern....
If all three advise you to wait 6 months, then it's best you wait 6 months and find a way to survive till then...

Keep me posted,

[alh]

The best thing I did was after a couple of horrible attorney meetings was to go the Bankruptcy court site and find out who the Chapter 7 trustees were. Then I looked them up and made an appointment with them. I finally felt like I got better information. I went from "there is no way you can file a chapter 7 and you will have to pay 1200 a month for 5 years in a 13" (which we didn't have) to "there shouldn't be a problem at all with a chapter 7" Mine was not a completely straight forward case either (but not as complex as yours) and after meeting with the first group of attorneys I was majorly stressed.

The meetings are a pain but find some other attorneys until you find one you feel comfortable with.

[SinkingFast]

Cat,..........

I know exactly how you feel. Oh, boy, do I!!

After all the research and the new numbers coming out in February, and the Court finally ruling that if you claim them on your taxes and they met the Census Bureau definition, they are a member of your household for BK purposes, I knew we were a Ch 7. But finding an attny who'd admit that was like hens teeth.

Add to the oddity of our family, we have just moved, so we have to use the outa state exemptions thingy. Not many were thrilled with that either.

I know you feel like you've been thru the wringer but you shoulda gotten some positive stuff from the experience. Did you get a packet of paperwork to fill out?? If so, now you'll know exactly what the Court is looking for as you go thru the questionaire.

And others are right. The attnys will press you to see how you respond. Just some are nicer about it than others. They are looking to weed out frivolous filers. People who haven't tried alternate means to pay their debts. We sold anything of value we owned to pay debt to last as long as we did. We went to one of the DOJ approved Credit Counseling Agencies and had a DMP figured. The payments were $100/mo more than what we currently paid in minimums.

I put together an expandable file folder of the docs the attnys wanted. Each one asks for different things. So by the time we'd seen several, we had everything we needed. I carried that thing around as we tromped from Consult to Consult. I dreaded each one, but we learned with each one. And then we met our guy. He's really low key. He explains stuff. He's good with people and the law. And he's doing what's best for us. Our petition is ready, but we're not filing until after we get moved into our new place. And that's with good reason.

Keep searching!! You too will find your diamond!! He/She's out there for you. You may need to take some time to square some issues around. But you may not need to wait as long as you're planning if you find the right attny to represent you.

[robivi3]

My case was remarkably different. I just went to two attorneys that i found on the Web and went by gut reaction to the phone call. The no BS web site was a factor also. This was really a good man. He drives a dusty F350 with a hitch on it and it's always covered with hay stuble in the back. I see him from time to time. I saw the Truck in the lot and by the suit he wore i asked if it was his and it is his regular vehicle.
We discussed everything. He told me flat out that the Trustee would question my case, what I really liked was that he never insinuated that i lie or conceal. He simply said you need to have a zero balance when you go to file. He has a beautiful office on Broward BLVD across from the Mall in the BOA building near his house. Alot of shade trees. That also made an impression as to the kind of person i was dealing with.

There were snaffu's, I did get angry and anxious but he also was doing things for me that the Secretary (one sec/one lawyer office) told me about after discharge.

If you need a Broward lawyer, anyone, just PM me. He is NOT going to do all your research, the girl who types the papers is a subcontracted paralegal, you will get afew mistakes or double listings on some docs. And you need to correct them. Overall my experience with this man was excellent, his advice was sound and he is honest. Just remember you are not paying the Lawyer to do your research, he does not look up titles and liens and such, you are only paying for a BK. You HAVE to know the condition of your Flocks and Herds!

At our first meeting he showed me his wife's web business also and asked me about search enine rankings and what program I used because we did several searches for my business and I discussed how I came in so high in rankings.

[Rover]

I believe that much of the problem is that the lawyers who wind up as BK attornies are not the cream of the crop. They are not the folks who graduated at the top of their law school classes or went to Harvard.

The BK attornies for the most part are the lawyers who couldn't get a job with the prestige law firms and practicing BK law was a last resort.

I have a friend who is a BK attorney. He's a nice guy socially. However, he doesn't appear to be making much money, and I wouldn't hire him to get my dog out of the pound.

As I have read elsewhere on this forum, if your BK is at all complicated, you should approach it as if you are going pro se even if you plan to use an attorney. And, of course, you should search until you find a BK attorney who doesn't drag his knuckles on the ground when he walks.

[anonymuse]

The best thing I did was after a couple of horrible attorney meetings was to go the Bankruptcy court site and find out who the Chapter 7 trustees were. Then I looked them up and made an appointment with them. I finally felt like I got better information.

Ok, you've got me very intrigued. How did a trustee meet with you?

[anonymuse]

Just remember you are not paying the Lawyer to do your research, he does not look up titles and liens and such, you are only paying for a BK. You HAVE to know the condition of your Flocks and Herds!

I respectfully agree and disagree with this statement. To a certain extent, they are required to do some research. Since the new laws hold them accountable for the accuracy of your filing, they are expected to do enough research to verify your information. They need to cover their butt since they can get fined.

[Minnymouth]

anonymuse,

Some Trustees work as Trustees only, yet others also act as attorneys and file BK papers for clients also.

The only way to find the ones in your area is to do a search on Pacer to locate the trustees in your area, then call and see if they handle bankruptcy cases. Many do...... some don't, just act as Trustees.

Just make sure that when you do choose an attorney THAT THE TRUSTEE you get assigned is not one that you had a consultation with....... a conflict of interest if they have met you.......

Their consultations are free also usually.......

[anonymuse]

Minny, Since I'm out in podunkville, I've only seen 2 trustees listed on the dockets. LOL

[Minnymouth]

Evidently the US Trustee feels he only needs two in that area, and keeps them busy...............

Kind of like a monoply, huh!!!!! Nothing like keeping your "buddies" employed..... and well employed....

[alh]

Most of the trustees are attorneys who take private cases. They work as trustees on the side if you want to call it that. Some do not take individual cases, but many do. I just googled their names to see what web sites came up and made appointments with ones that took consumer cases. It really made the 341 go smooth as he knew what exactly the other trustess would be looking for. The one I hired even does seminars for other attorneys and trustees on the new BK law.