Its a start: The mother of all bk ch 7 lawyer questions list. Thoughts?

[slvnomore]

THE MOTHER OF ALL BK CH 7 LAWYER QUESTIONS LIST - I am getting ready to go see 3 bk attys. am still preparing my questions.

1) Please go over and add tips, other questions., what should not apply and why etc. collected from all over the net. now must weed out the wrong ones, add what is missing. etc.

INTENDED RESULT: FINAL LAWYER QUESTIONS ( IN PROGRESS)
SECTIONS?

1) PRE QUALIFYING EMAIL QUESTIONS (can i send these or is it bad form?)
2) PRE CONSULT QUESTIONS
3) WHAT TO BRING TO CONSULT
3) CONSULT QUESTIONS
4) POST CONSULT
5) OTHER


Questions to Determine Background and Experience

1A What is the best way to respectfully contact you and get a timely response?

1. How Long Have You Been Practicing Bankruptcy Law?

BAD ANSWER: A few months.
GOOD ANSWER: Three to five years.

2. How Long Have You Been With This Particular Firm?

BAD ANSWER: A few months.
GOOD ANSWER: Three to five years.

3. What Percentage of Your Practice is Devoted to Bankruptcy Law?

BAD ANSWER: Less than 25 percent.
GOOD ANSWER: More than 50 percent.
4. What Percentage of Your Practice has Been Focused on Bankruptcy Since the New Laws Went Into Effect in 2005?

BAD ANSWER: Less than 25 percent.
GOOD ANSWER: More than 50 percent.
5. How Many Bankruptcy Cases Have You Completed Since 2005?

BAD ANSWER: Five.
GOOD ANSWER: Five Hundred.

6. On Average, How Many Bankruptcy Cases Do You Handle Per Month?

BAD ANSWER: One or two cases.
GOOD ANSWER: Ten to twenty cases. MORE INDICATES A BK MILL

7. What Percentage of your Bankruptcy Clients are Debtors and What Percentage are Creditors?

BAD ANSWER: Twenty-five percent are debtors and 75 percent are creditors.
GOOD ANSWER: Seventy-five percent are debtors and 25 percent are creditors.

8. What Percentage of Your Bankruptcy Clients are Individuals vs. Businesses?

BAD ANSWER: Twenty-five percent are individuals and 75 percent are businesses.
GOOD ANSWER: Seventy-five percent are individuals and 25 percent are businesses.

9. How Many of the Bankruptcy Cases You Have Handled Were Moved for Dismissal for Abuse by the U.S. Trustees?

BAD ANSWER: Quite a few.
GOOD ANSWER: Only a couple.

10. What Sort of Relationship do You Have With People in the Court System?

BAD ANSWER: I know who they are.
GOOD ANSWER: We know eachother very well.

11. Do You Know the People Evaluating my Case?

BAD ANSWER: No.
GOOD ANSWER: Yes.

12. Do You Know the Local Bankruptcy Judges?

BAD ANSWER: No.
GOOD ANSWER: Yes.

13. Do You Know the Local Chapter 7 Trustees?

BAD ANSWER: No.
GOOD ANSWER: Yes.

15. Do You Know the United States Trustee in Your Area?

BAD ANSWER: No.
GOOD ANSWER: Yes.

16. Have You Ever Received an Ethics Disciplinary Complaint?

BAD ANSWER: Yes.
GOOD ANSWER: No.
17. Do You Have Malpractice Insurance?

BAD ANSWER: No.
GOOD ANSWER: Yes.

18. Have You Ever Been Sued for Malpractice?

BAD ANSWER: Yes.
GOOD ANSWER: No.
19. Are You a Member of Any Voluntary Bankruptcy Bar Groups?

BAD ANSWER: No.
GOOD ANSWER: Yes, I am a member of the National Association of Consumer Bankruptcy Attorneys (NACBA).

20. How is Your Bankruptcy Practice Different From Your Competition?

BAD ANSWER: We're all pretty much the same.
GOOD ANSWER: We get to know our clients as people first, cases second. We also have a really effective follow-up program for helping you rebuild your credit and make smart, sound financial decisions in the future.
21. Can I Have the Names and Contact Info for Previous Clients Whose Bankruptcy Cases Were Similar to Mine?

BAD ANSWER: No, I wouldn't be comfortable with that, and neither would my clients.
GOOD ANSWER: Why of course!
Cost of Bankruptcy Attorney Services

22. What Type of Costs Can I Expect in my Bankruptcy Case?

BAD ANSWER: It depends.
GOOD ANSWER: Federal filing fee and attorney fees.

23. What Fees am I Expected to Pay You, and What do Those Fees Cover?

BAD ANSWER: Fees vary.
GOOD ANSWER: For Chapter 13, the federal filing fee is $274 and attorney fees could run $2,000 to $3,000. For Chapter 7, the federal filing fee is $299 and attorney fees could run from $1,000 to $2,500. These fees should cover everything necessary to complete your case, provided there is not some rare, unforeseen issue that requires more time and attention. are any "additional" charges for photocopying, file charges, etc.
The flat fee should include consultation with the client and analysis of the financial situation; preparation of the bankruptcy petition; reviewing the petition with the client; attendance at the meeting of creditors, known as a 341 meeting; and follow-ups with creditors, such as taking action to halt any post-filing collection efforts, if necessary.
and so it's important to ask what the attorney is likely to charge for any possible litigation that may arise out of the bankruptcy.

24. What is Your Retainer Fee and is it Refundable?

BAD ANSWER: $1,000 non-refundable fee.
GOOD ANSWER: $100 or more, depending on what you can afford. And yes, the fee is refundable.

25. Do You Use a Written Fee Agreement?

BAD ANSWER: No.
GOOD ANSWER: Yes.

26. Do You Have Options for Payment Plans?

BAD ANSWER: No.
GOOD ANSWER: Yes.

27. How do You Expect to be Paid?

BAD ANSWER: In cash, up front, today.
GOOD ANSWER: We can work out a payment plan that works for both you and the firm.

28. Have You Ever Gone to Arbitration or Court Over Your Fees?

BAD ANSWER: Yes.
GOOD ANSWER: No.
Please bring the following items to facilitate a thorough review of your financial situation:
Paycheck stubs from the current month to the date of our appointment or all statements of monthly income from social security and/or pensions;
Paycheck stubs from the entire six months prior to the current month;
Income tax returns from the past four years (if you were not required to file for any of those years, then bring your W-2 statements);
Photo Driver's License or State ID;
Social Security Card;
Most recent statement from each of your bank accounts (including accounts in the name(s) of your children under the age of 18);
Copy of your most recent mortgage/promissory note statement showing the current balance due and the principal, interest and escrow payment amounts;
Copies of each of your utility bills, phone bills, cell phone bills, etc.;
Copies of the loan papers on any item you are purchasing like your car or furniture, etc.;
Copies of all credit account statements (credit cards, personal loans, medical bills and collection letters);
Copies of the titles of any property you own;
Paperwork from any law suits filed against you.

Determining the Particulars of Your Case

29. Why or Why Not is Bankruptcy a Good Idea for me, Based on my Unique Situation?

BAD ANSWER: You qualify, so it's good for you.
GOOD ANSWER: Bankruptcy may be a good idea for you if you have exhausted all your possibilities for paying off your debt on your own.

30. What Other Options are Available to me Other Than Bankruptcy?

BAD ANSWER: In your situation, there are no other options.
GOOD ANSWER: There are always options to bankruptcy. You may try re-evaluating your budget so as to start paying down your debts. You may try negotiating with your creditors. Or you may seek help from Consumer Credit Counseling Services.
31. After Reviewing my Case, What do you See as Some Potential Challenges that Could Arise?

BAD ANSWER: It is impossible to tell.
GOOD ANSWER: This varies widely from case-to-case. It may be something as simple as not being able to discharge everything you'd hoped to, or a more serious issue that threatens the bankruptcy case itself.

32. How Will Bankruptcy Hurt Me?

BAD ANSWER: You're getting out of debt. What could be bad about that?
GOOD ANSWER: Bankruptcy will negatively impact your credit score. The better your credit before bankruptcy, the harder the hit you'll take. Chapter 7 will stay on your credit report for 10 years, Chapter 13 for 7 years.
33. How Will Bankruptcy Help Me?

BAD ANSWER: Isn't it obvious?
GOOD ANSWER: Bankruptcy gets creditors offer your back, allows you to keep some of your assets under certain circumstances and, generally, gives you a fresh start.

34. Which of my Debts Can I Expect to be Discharged Through Bankruptcy?

BAD ANSWER: Bankruptcy discharges just about everything.
GOOD ANSWER: Bankruptcy discharges most unsecured debt, including credit cards and other unsecured loans.
35. Which of my Debts Will Probably Not be Discharged Through Bankruptcy?

BAD ANSWER: There's not much bankruptcy doesn't cover.
GOOD ANSWER: Chapter 7 will not discharge taxes, tax liens, student loans, alimony, child support or debt incurred through fraud, among others. Chapter 13 will not discharge certain taxes, child support, alimony, student loans, fines and restitution, or debt incurred through fraud, among others.

36. What Will be Your Gameplan if You Were to Proceed with my Case?

BAD ANSWER: Like I always do - I will wing it.
GOOD ANSWER: Much like question #31, this answer is very subjective. The most important thing to listen for is a plan of some kind relative to the specifics of your case.

37. Will you be Doing all the Work on my Case, or Will you Assign it to Someone Else?

BAD ANSWER: As long as we get your case settled, what difference does it make?
GOOD ANSWER: I will be doing most of the work on your case. However, we do have other attorneys in the office who may help, as well as paralegals and other support staff who will assist as necessary. Is the attorney personally handling the main portions of my case, or instead, delegating the work to secretaries or paralegals

38. Will you be my Main Point of Contact for Updates, Questions, or Concerns Regarding my Case?

BAD ANSWER: You can talk to whoever is free.
GOOD ANSWER: Yes, I will be your main point of contact.

39. How Many People on your Staff Will be Working on my Case?

BAD ANSWER: However many it takes.
GOOD ANSWER: Myself or another attorney with the firm will be handling the bulk of your case. However, we do have paralegals and other support staff who will assist as necessary.

40. Who Will Accompany me in Court?

BAD ANSWER: One of our paralegals.
GOOD ANSWER: If not me, then another one of the attorneys with the firm. If indeed, another attorney does accompany you in court, you will have an opportunity to meet with him or her prior to the hearing.

41. How Often Will you Keep me Updated About the Progression of my Case?

BAD ANSWER: You don't need to worry about updates. We've got it handled.
GOOD ANSWER: We'll let you know anytime there is a development in your case and, of course, you are welcome to contact us anytime you want to check its status.

42. What will be Your Primary Mode of Contact?

BAD ANSWER: We'll find a way to get a hold of you, if the need arises.
GOOD ANSWER: We usually do a combination of phone and email, just to be sure we're both getting all the information we need to move your case forward in as timely a manner as possible.

43. What are my Responsibilities, as the Client, in Helping to Strengthen my Case?

BAD ANSWER: I think you've done quite enough already, don't you?
GOOD ANSWER: The most important thing you can do is respond fully and promptly to our requests for the information we need to build your case.

44. What Information do I Need to Provide you, Now and Throughout the Bankruptcy Process?

BAD ANSWER: Don't worry about it today. We'll let you know what we need, when we need it.
GOOD ANSWER: We do have a pretty comprehensive interview process. We'll be asking you a number of questions - verbally and/or in writing - covering details about your income, assets and financial situation.

45. What Should I do/Not do Before my Bankruptcy Case is Completed?

BAD ANSWER: Just go about your life as usual.
GOOD ANSWER: Do not apply for any new credit, make any major purchases or withdraw large sums of money from your bank account. Under bankruptcy law, certain luxury purchases over $1,000 within 60 days of the bankruptcy filing are presumed non-dischargeable. And cash advances aggregating $1,000 within 60 days of the bankruptcy filing are also presumed non-dischargeable.

46. How Long Before I Can Expect my Case to be Resolved?

BAD ANSWER: You never know. These things are complicated.
GOOD ANSWER: A typical Chapter 7 bankruptcy case is open for approximately 4 months. Chapter 13 is much more lengthy, as it involves a payment plan spanning up to 5 years.
Post Bankruptcy Procedures

47. How Will my Credit Score be Impacted by a Bankruptcy Filing?

BAD ANSWER: Bankruptcy shouldn't affect your credit score much at all.
GOOD ANSWER: The higher your credit score before bankruptcy, the harder the hit you'll take. If your score is already poor, you probably won't see as dramatic of a drop.

48. Will Filing Bankruptcy Affect my Ability to Get a Job?

BAD ANSWER: Well, a bankruptcy doesn't look good.
GOOD ANSWER: Bankruptcy law prohibits discrimination based upon a debtor filing for protection under bankruptcy law. That said, an employer is within their legal right to request a copy of your credit report. So a current or potential employer may know you have a bankruptcy. Legally, however, a bankruptcy cannot impact the employer's decision to retain or hire you for employment.

49. How May my Spouse's Personal Property and Credit be Affected by my Bankruptcy? (if not filing jointly)

BAD ANSWER: Isn't getting your debts discharged what really matters most?
GOOD ANSWER: Your spouse should not be affected, provided you do not jointly own any of the personal property included in the bankruptcy.

50. What Sort of Follow-Up Support do You Offer Your Clients?

BAD ANSWER: After your bankruptcy case is settled, you're pretty much on your own.
GOOD ANSWER: We offer six months to a year of support after the date of your bankruptcy filing. We can also be helpful in giving you advice regarding the rebuilding of your credit and the creation of a budget

[tobee43]

wow, you have been doing your homework....my favorite question are the one's dealing directly with bk court system and if they know the trustees...really important because if they do, the atty usually understands a bit of the psychology of how they think and their past practices in certain or similar situations such as yours. those to me are the key questions ...also what do you charge for an AP...just in case you need one. how much to charge for a motion to vacate a judgement if you have any....other than that you did an really great job there!

[slvnomore]

Thanks I appreciate it. And thanks for the trustee issue. What is an AP?

[tobee43]

ap is adverse proceeding. it happens..

[slvnomore]

Thanks! any other questions I forgot or are lame i should get rid of?

[slvnomore]

Any other questions I should ask or are lame i should get rid of? Or do you think its ready to email to 3 possible BK lawyers?

[MSbklawyer]

In all honesty, if this came in to my email box I'd delete it before I got to the second question -- or better yet, forward it to one of my competitors along with some story about why I couldn't take your case because of some conflict -- Oh, and he has a couple of questions, see the attached file.

Seriously, it would take an hour to answer all that -- an hour I could spend doing productive work. In the real world, in the real practice of law, a lawyer will see you from a mile away as becoming one of 'those' clients who call at least twice a day with a million questions about every trivial detail and being, frankly, more trouble than the fee is worth. By a factor of 10. As 'Sweet Brown' would say, "ain't nobody got time for that".

http://www.youtube.com/watch?v=8cT_Ulmcrys

I tell my clients: I've been doing this for nearly 20 years. I've got a head full of gray hair to prove it. My clients are happy with my services and the outcome they get. If they're not, I will do what it takes within reason to make them happy. That's how I stay in business. About half of my business comes from referrals from former clients. The fee was explained to you in advance. You can pay it at whatever pace you're comfortable with. When it's paid in full, then and only then, your bankruptcy will be ready for you to sign and file within 10 to 14 days -- sooner if there is a garnishment pending or some other emergency. The fee is non-refundable because I've already done the work. If you need to contact me, send an email. Someone will be back to you within 24 hours unless you send it on Friday, then it will be Monday before I can get back to you. If it's an emergency, my cell phone number is on my business card. If you call my cell phone for a non-emergency, there is an additional fee of $125 per call that will be required to be paid before the case is filed. Non-refundable.

P.S. As for the 'good answer' to question 21, that would get a lawyer disbarred, not to mention being cursed out by the previous client.

[slvnomore]

Thank you very much for letting me know the view from your planet. I appreciate your candor.

Respectfully, Could you please give an example of a list of qualifying questions that you would deem reasonable, respectful, smart, and would still accomplish the intended result?

[Floridagail]

If I were your attorney and you ask me those questions I delete the email too. The most important thing to ask in my opinion is do you specialize in bankruptcy. If he can look at your list of bills and income and quickly come up with answer right away, he then has experience. If he asks for fee upfront to do means test for you ,forget him.

[slvnomore]

Good Points! appreciate the feedback.

If this list is not right.

What would be an example of a right list?

What would A short list of qualifying questions that you would deem reasonable, respectful, smart, and would still accomplish the intended result look like please?

[tobee43]

common sense it your best friend and to educate yourself, which you have done. i think you know the most important questions to answer and if you don't search the site and you will learn so much from those that have been through the experience.

you'll do fine, just relax if you can and just take in what you have learned.

[TRfromillino]

You can't predict the future, you can't fix the future, you can barely control the future. What you have is now, and that's what you have to deal with. Do what needs doing and work with the future. I don't see you educating yourself further or preparing yourself better. You will never have all the answers, neither will I. File and go from there.

[OhioFiler]

You've answered all of your own questions. Why do you need an attorney?

[MSbklawyer]

I would suggest that you have an attorney that you, a friend, or a family member has used in the past refer you to a bk lawyer. Word gets around about who does a good job and who doesn't. Go in and meet with the prospective bankruptcy lawyer and just get a feel for him. Did he seem rushed? Did he send a secretary or a paralegal to do your intake? Is he a member of NACBA?

Your gut will tell you whether you've got the right guy or not. There's nothing wrong with having some questions in mind for your attorney, but they should have more to do with your particular facts.

Questions 1, 3, 22, 23, 29, 30, and 40 ought to give you all the information you need to know to make an informed decision.

[frogger]

in all honesty, if this came in to my email box i'd delete it before i got to the second question

You'd be a little slow on the trigger......