????? about hiring a lawyer.....

[drowninginflori]

After a stressful 2007-2008 my spouse and I finally realized that after a whole year of trying to work with creditors on our own that we have no choice but to file bankruptcy. We desperately need some advise about what road to take. First, we contacted a local bankruptcy lawyer who basically took less than 10 minutes of time to speak with us during our appointment. He acted like he had far better things to do than to be consulting with us about a big decision. First, he told us that we would not qualify for chapter 7 because our annual income was too high (combined around $71,000). However, I thought when they did the means test for your state they looked at your last 6 months of employment only. I definitely could be incorrect about this-I just thought I had read that somewhere. Also, he stated our payback if we filed chapter 13 would be over $1,000 and could go higher during the payback (5 years). Finally, his fees were $5,000. Should we look elsewhere or is this guy our best choice???

[Phillymanhere]

Definitely look elsewhere. 5k sounds high, even for a chapter 13 ... and you're right you may still qualify for a chapter 7--it partly depends on your expenses ...

Go see 3 or 4 other attorneys. I met with four .... three of them basically gave me 45 minutes to an hour .... thoroughly leading me through the process and outlining their thinking, then taking my questions .... one gave me 30 minutes ....
good luck ....

[sunshine mary]

Hi there I am in Florida...We filed a CH 7 over the median by 13K....The attorney we chose took 1 1/2 hours at our consultation, answered every question we could think of ...The fee was 1700.00 for the entire BK and attorney is AV rated ...We had interviewed others and the first one was like the one you spoke to very rushed and I felt like just another number ....DEFINITELY go look around and talk with 4 or 5 at least..The fee for a CH 13 around here was about 2700-3000 so 5000 seems very high...I got the name of mine off of the Dave Ramsey website and thank goodness, her add in the phone book is teeny tiny....Good luck and I can tell you first hand your going to be OK and you'll actually be glad you did it I suffered with the stress far too long !!

[2confused]

Keep searching and don't give up on the Filing of 7 either...not until you ask quite a few attorneys. For example, my friend who is filing was told that since he owes taxes, he should file once he makes paykments on those so it will count towards the seven.

[One Half Full]

Consult with several lawyers. If they are snotty and don't act like they care if they win or loose, for goodness sake, don't expect a good defense. You want someone who will use their knowledge and skills to make you the best deal possible. Don't chose someone who will cut your throat.

[drowninginflori]

Thanks everyone for the input. I told my husband when we left the lawyer's office that I felt like we had just been given a swift kick in the behind. If we are going to pay for legal services we should be getting the best. Now I am on the hunt for another local attorney. Several come up when I google but I have know idea who is good/bad. I might try looking at Dave Ramsey's site as suggested to see if any local attorneys are noted.

[Mom2one]

Where on the Dave Ramsey site can you search for attorneys? I can't find it!

Thanks Christine

[sunshine mary]

Hi Christine, I went and looked and I can no longer find it either :/ It was January when I found it the first time...But when you go to the bankruptcy section and look for attorneys who offer his pre bankruptcy filing class I found her there but it says right on there it is not an endorsement. I'm sorry it looks like it's no longer on there it seems.

[Mom2one]

Well thanks for geting back to me, thankfuly someone I met on this board, gave me someone to look into. We are calling him tomorrow.

Christine

[southernbelle]

I too have had consultations where the atty basically ushered me out of her office in mid sentence. My thoughts were, if she doesn't have time to meet with me now, how is she going to treat me when I have a serious question. This is a life altering decision not to be taken lightly.

Thank God I found my atty. who spent over an hour and a half with me. He answered every question I had and didn't make me feel rushed. His staff is also very knowledgeable and helpful.

My advice, don't give up on the chapter 7 and do as much research as possible before filing and trust your instincts on hiring someone that will at least give you the time of day.

[drowninginflori]

hoping chapter 7 is still possible....

I had hoped that we might not be over the median for Florida when we met the first lawyer last Friday who my husband called "Quick Draw McGraw" because of how fast he got us out of his office. Even if we made too much he never even asked for our budget sheet that I had completed in full. I hope the next three lawyers will be able to give us better information and will take the time to listen us. Can anyone tell me what the most they have heard of anyone making and still being able to file chapter 7? We make in the mid 70s combined (but right now every penny is going to someone).

[FreshLikeADaisy]

Drowning, agreed that you need to give the first lawyer a miss. I too also think you could do a LOT better in the atty department than that one.

But all that said, if you google something like "bankruptcy means test calculator" you should find a whole plethora of online means test calculators that will tell you in a minute whether you pass the means test for a Ch7. You are right about the six months; in general terms that's the income you look at for the means test. But even if your income is higher, you may still qualify for a Ch7 based on expenses and other factors, so don't think it's the end if you're over by a few thousand. Many people have filed an over the median Ch7 and received discharge, it's just harder to do because there are more hoops to jump through: questions, documentation, etc. But it is by no means impossible!!! It may even be fairly common, for all I know.

But if you are over the median, a good atty is critical, because it is no longer an "average" sort of bk. You really need an atty that is familiar with how trustees operate, perhaps even an atty who has also been a trustee him/herself. Look around, it shouldn't be hard to find.

And in the meantime, get a book on Ch7 -- my favorite is linked in my sig but there are others too -- because you will get a good overview and explanation of the Ch7 process that will serve you incredibly well as you interview attys and prepare for your bk. It really is the best $$ you will spend in the entire process!

Good luck, I wish you every success.

[drowninginflori]

Fresh like a daisy.....

You confirned what I thought was true about the six months but is the mean income for the state you live in list the amount for the year or the six months? We make over the the mean for florida if the rate listed is for the year but we do not make the rate listed in six months. Does this make since? Maybe this is where I am confused. Also, we have another appointment with a new lawyer, however, he could not get us in until 6/4. Not crazy about this delay but I do not have a lot of choices. There are only 4 practicing lawyers in this area who handle personal bankruptcy. Thanks for the info.

[Phillymanhere]

They look at the last six months of paychecks/income and then double it to get the full year income ... that's the way I understand it.

[drowninginflori]

gross or net pay looked at for means test????

Which are they looking at for the test?