Lawer 30 min consult, question about questions? papers?

[henktank]

So i ripped out the bankruptcy part of the phone book, calling lawyers today.
What questions should I be asking the lawyers?
Anybody been screwed by a lawyer, things I should watch out for?
Prices?

I think mine is fairly easy but I just want to keep my car, I owe 8k on it and need it for work.

What papers should I bring, if any?

thanks

[BKTango]

Well in my situation I didn't take anything. Here's how my first meeting went, he asked how much we make a year, and then later he asked how much we make a month. He asked how much debt as in credit cards and such we have. He asked if there was a car payment or house payment, and how much those were worth. He looked into our median income range and gave a fair idea of where we stodd and offered his advice on how to go about the situation. That was all there was to it, after you retain a lawyer you will of course go way deep into everything but that is pretty much all you need to know consultations.

[JollyGG]

We did our credit counseling first. That way we already had a budget and totals on our debt before we visited with a lawyer.

[HHM]

We did our credit counseling first. That way we already had a budget and totals on our debt before we visited with a lawyer.

That is probably the best way to go.

[SinkingFast]

Like JollyGG, we did a Credit Counseling Session first. That's where we learned we seriously needed to consider BK.

When we went to our first Consult, the attny's office specifically instructed us to bring the last month's pay stubs and our bills. During the Consult, the attny never looked at our bills. He did ask for an approx total of the debt. He took the last month's paystubs, never referred to the Median Income, and summarily figured a Ch 13 payment plan, basically using his own set of "allowable" expenses.

That attny did give us a list of documents to be collecting up, AND he did tell us he would not file us until the 70/90 days had passed.

After that Consult, we started collecting up documents. I got an expandable file folder, put everything in it, and we wagged the file folder from Consult to Consult. A couple of times, attnys asked to see different things. Mostly, tho, we carried stuff with us that was never used during the Consults. Except the paystubs. Each attny's list of docs was slightly different so we had new things each time to scrounge up and add to the file.

Most every attny did take a look at the paystubs. And we were asked every time about the approx amount of debt, what type of debt, that sort of thing. Attnys need to know if they are gonna be dealing with mortgages, car loans, CC's, back taxes. If the back taxes are IRS, property, municipal. Are you in foreclosure. What's your intent as far as your house. Do you have and Judgements or Law Suits brewing or filed against you.

Pretty much you'll get a rough guesstimate of what approach the attny will take. BUT, they will preface their thoughts with, "Until I run the Means Test to see where you are." And you won't get a Means Test run in a free Consult. To get the attny to run the Means Test, you have to pay a retainer fee. They have to think you're seriously gonna use them otherwise they just don't proceed.

Be wary of attnys who tell you to bring your checkbook with you. We had one to tell us that on the phone. I asked why. He said so we could pay the $100 retainer fee to get them working on our case right away. I hesitantly scheduled a Consult appt. and then called back later to cancel. BK is a serious life altering event. You certainly don't need any "Used Car Salesman, High Pressure Tactics" on the part of any attny you consider.

[GMLutz]

Initial Consultation

I am a consumer bankruptcy attorney in the Eastern District of Pennsylvania.

Don't ever go to a consultation with a checkbook. Participate in the consultation, go home, and think about it. If you like the attorney, call him/her the next day and tell him you are dropping off a check.

I do not look at bills during the first consultation, but I do ask about the general nature and amount of the debt.

The attorneys who tell you that they will not run the Means Test until they are retained are correct. The Means Test is complex, tricky and time consuming. It is also used by the United States Trustee, a division of the Department of Justice, to analyze a case for possible criminal referral for bankruptcy fraud. So, it needs to be done correctly and carefully.

I tell clients that after the initial consultation, if they want me to give them an in depth analysis of their case using the means test, I charge $300. If they like what they hear after my analysis, and they want to go forward, the $300 is credited toward the fee. If not, at least I have been paid for my time, and the client is better educated about bankruptcy. If you decide not to go forward with the lawyer who prepared the Means Test for you, you should at least get a copy of the Means Test analysis (otherwise known as Form 22); after all, you paid for it.

George M. Lutz, Esquire
Wyomissing, PA

[CATCHMEIFYOUCAN]

Just Be Prepared

I was rearin' to go, I only had one consultation w/one lawyer. After being in a DMP and paying them $500 and almost losing another $3000 up front, I got this lawyers website. He had a CCCS link, I called them up got my certificate via email. Called the lawyer, paid his retaining fee to the parrallegal, while I was waiting to actually see the lawyer, I got all my 6mo. paystubs together, tax transcripts, bank statements, cc statements. READY TO GO! Its quiet a process, but the more your prepared, the better off you are
With a no asset case, and only a car I'm still paying for outside the plan, it doesn't seem that complicated to get the basic requirements met. Oh, I did mention a plan, but since than I converted to ch7 and awaiting discharge in about several more weeks.

Good Luck, Catchmeifyoucan

[SinkingFast]

I am a consumer bankruptcy attorney in the Eastern District of Pennsylvania.

Don't ever go to a consultation with a checkbook. Participate in the consultation, go home, and think about it. If you like the attorney, call him/her the next day and tell him you are dropping off a check.

I do not look at bills during the first consultation, but I do ask about the general nature and amount of the debt.

The attorneys who tell you that they will not run the Means Test until they are retained are correct. The Means Test is complex, tricky and time consuming. It is also used by the United States Trustee, a division of the Department of Justice, to analyze a case for possible criminal referral for bankruptcy fraud. So, it needs to be done correctly and carefully.

I tell clients that after the initial consultation, if they want me to give them an in depth analysis of their case using the means test, I charge $300. If they like what they hear after my analysis, and they want to go forward, the $300 is credited toward the fee. If not, at least I have been paid for my time, and the client is better educated about bankruptcy. If you decide not to go forward with the lawyer who prepared the Means Test for you, you should at least get a copy of the Means Test analysis (otherwise known as Form 22); after all, you paid for it.

George M. Lutz, Esquire
Wyomissing, PA

Welcome to the Forum!!

Thanks for the attny perspective, Mr. Lutz!
(Hope I addressed you correctly and it isn't something more formal.)

It's always nice when we hear the view from the other side of the conference table.