Attorney Question

[danaf]

Last year I researched attorney's. I found one I like I think back last Oct. She made me take some digicounsel course & fill out a questionnaire.

But then she said she wouldn't take my case inless I waited longer. Then I became gun-ho on filing pro-se.

While I think I could file pro-se (no asset ch 7) - there is a small part of me wondering if it wouldn't be better to go with an attorney.

If I do go with her, would it be bad that I consulted her last Oct? I haven't used my cc's since before then. But I did continue paying minimums up through Jan.

[lrprn]

If I do go with her, would it be bad that I consulted her last Oct? I haven't used my cc's since before then. But I did continue paying minimums up through Jan.

The fact that you've waited so long, have made no further charges, and have made minimum payments since then demonstrates your good faith to pay back your debts before you filed.

Whether you retain this lawyer or not, a creditor would have a very difficult time proving you took money with no intent of paying it back since last October because...well...you haven't borrowed any money from them before filing No worries, you'll be fine.

[Phillymanhere]

If you're worried about whether it is strange to come back to this attorney after such a long time, I would say no, it is not.
One attorney I consulted explained this to me. This was in the middle of a very thorough, detailed explanation of chapter 7. We connected and I was laughing at some of the stories he was telling.

He first said I should wait 3 months .... and I'm doing that now. Then he said, "when you hire me and I start on the case, your name won't mean anything to me. I will have forgotten the name and the face."


So there it is: this attorney probably can't remember you one way or the other. No harm done. Go to her if you want.

[FreshLikeADaisy]

Danaf, that she told you to wait is actually a sign of her competence.

That you did is a sign of your own.

I think you would be just fine if you went back to her... she did you right the first time, yes? Good luck!!!

[danaf]

thanks. I'm super torn about going with an attorney or pro-se at this point. I'd really like to be able to exempt the rebate check and then plop it down on one of my student loans rather than use it for an attorney. It will get me out of total debt that much faster.

But at least it's good to know if I do go with an attorney, I know which one I'll use.

[FreshLikeADaisy]

Danaf, do you have any assets you are concerned about being able to save? Do you have complexities like tax problems or liens on property or inheritance issues? Because honestly, if it's a straightforward, no-asset, under the median Chapter 7, I see no reason why you wouldn't do just fine filing pro se. But, you know yourself best, and what your particular weaknesses are, so it may not be right for you even then. What's your gut feeling on it?

[danaf]

I have no assets, no tax issues. I have a car I'm under on that I plan to ride-through. I have a website that doesn't make $$$ and trustee can have if he wants. I am under the medium. No inheritance. Just a 3 payday month next month. But if I file early next month and not June, I can avoid having to deal with that extra paycheck on the means since the 6 mos lookback would be to end of April. It wouldn't change my eligibility if I waited until June but it would be more I'd have to exempt. (I can only exempt $2500 cash).

And somehow I ended up with alot extra leftover this month which isn't the norm. So that is making me nervous too. But I need some new clothes and could go to the dentist to spend it down.

I think I could do it. I'm good with paperwork & details. I'm just doubting myself.

And what if the trustee studies my case or grills me more than others because I don't have an attorney?

also - I've been using IRS # for food which for 2 is in 500 range. But I don't really spend that much - I mean yeah if I have a party or something but generally that is where I try to save. So even though I've studied ect, I still miss some things.

[FreshLikeADaisy]

Danaf, if you'll excuse me for saying so, I think you're just doubting yourself too. That I asked you your gut feeling, and you responded "pro se" tells me you actually feel pretty good about pro se, along with everything you said.

But, I have a suggestion for you that might help clarify it for you in your mind. I've offered it before to others and I think it will help you too.

Go ahead and, using the Nolo Press book, download the forms from uscourts.gov and spend a weekend filling them all in yourself, by hand, just as if you were going pro se. Because, I can tell you from personal experience, that right there will test your understanding very, very well.

If you can fill out all the forms, you understand all the implications, the Nolo book doesn't have a lil stop sign picture by your exact situation then yeah, I honestly do believe you would do just fine to go pro se.

And if not, and the forms raise questions for you that you just don't feel up to dealing with, give them to the atty: that's the bulk of your filing already done, right there, and all they have to do is input the figures.

So it's not a waste of time no matter which way you look at it, and it will *definitely* clear up the question for you of whether to use an atty or go pro se. Good luck!!!


P.S. Don't worry about missing things; I redid my forms three times, a couple of them four times, before I stopped catching stuff I had missed. So expect that.