I saw a lawyer a few months ago and 2 more today. Thought I would share the different experiences and get some feedback.
Lawyer #1
I made the appt mainly for debt consolidation. I have over 50K in unsecured, cc debt in my name only. Hubby has more than that in his name only. Things had gotten way out of control as I can no longer work and our income is half of what it used to be.
Okay, so, I go to this appt. I was not told to bring one thing in so when the receptionist gave me a stack of sheets to fill out listing my debts, assets, etc....I was totally unprepared.
I saw the lawyer. Very nice. Told me I could file a Chapter 7 because the debt was in my name alone and hubby would probably have to file a 13 because he made more than the median income in Ga.
I was told not to use my cc anymore, stop making payments on my car since I was upsidedown on the loan and to surrender it eventually.
I did use the cc again and was told to wait 6 months to file after the last charge.
Fast forward. Today, 1/16/07
Saw Lawyer #2 for consult.
This time, I was prepared. I have been reading this board, had printed out all 3 credit reports on hubby and I, brought income tax returns, hubby's pay stubs, etc....
This lawyer immediately started talking, going through the credit reports, asked a few questions, didn't give us much of an opportunity to ask much. I had to practically interrupt him to ask a few questions.
He said we HAD to file a 13. I could not file a 7 and hubby file a 13 because they go by total income. He said once the plan was put in place and amount decided on, it would never change. Even if hubby worked all the OT he could, it wouldn't change. I mentioned hubby's mom being 90 and the possibility of inheritance. Lawyer still said trustee would not care or even know. He said we could hit the lottery the week after discharge and not have to give up a cent of it. I asked him a few more questions and he said this was a very simple procedure and he wished he could say something negative about it but he just couldn't and then said "Okay, are we ready to do this???"
My hubby was in awe that everything was so "simple" and he could keep everything and only pay back X amount and still work all the OT he wanted and even a side job.
I told this lawyer we needed to absorb what all he had said and we would get back with him.
(He totally went against everything I had read on this board. I did NOT go in there acting like I knew much because I had read somewhere that's not a good idea. I did mention I had done "a little" research and he said the internet is not a good place to get info. I didn't tell him it was a message board and I trusted the people on here more than I did him.
Lawyer #3
We left lawyer #2 and went straight to see #3. We did not see the lawyer. We saw the paralegal. Okay. This woman is sharp! It was a small office. Lots going on but she was multi tasking like I have never witnessed before. Finally, we had a quiet time and she explained a lot. She said more than likely we can file a 7 jointly. She said I definitely could do a separate chapter 7 but it probably wouldn't come down to that.
She said the trustee is not our friend and he would be breathing down our necks for 5 years if go with a 13. She knows him and she says he is tough.
The only time we would see the lawyer was at the 341 meeting. She does all of the paperwork for the bk's and is also an accountant. As crazy as all that sounds, I really like the woman. She said we do not have to wait 6 months. We have passed the 75 day mark.
We have an appt. on Sunday in her office to do my 2005 taxes, do the means test and start on the paperwork to file.
Because we have so many cc accounts (14), the fee, including filing will be $1400.00, which all of it has to be paid upfront before filing.
I am going to get all of the documents she wants before Sunday. We can do the Credit Counciling online or by phone.
She said it is not a walk in the park, but she would help us every step of the way. I could tell by all the calls and walk ins, that she is on top of things. She is also taking her bar exam in one month. Oh, she also said it was good to be proactive with this and to read as much as I wanted
So, 3 different lawyers, the first and third were close in advice and the second one, well....I got bad vibes from him within 60 seconds after we met.
Any thoughts???
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