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    Retained lawyer today

    My wife and I met with our lawyer today and decided to retain her. She was 10 minutes late for our 11:00 appointment, even though her office said to be there at 10:45 to fill out paper work. So we sat there twiddling our thumbs for nearly half an hour.

    The lawyer was nice, but talked over us alot and gave us quite the salesman pitch. She told us that we failed the means test, so we must file Chp. 13. After reviewing our debt, she determined that we prob. will only pay pennies on the dollar for what we owe, advised us to stop paying our unsecure and some secure debt, and stressed that we should go purchase a new car before we file because the car I have now will not last 5 years. I have a real hard time not only stopping payment of my bills, but making a new vehicle purchase. However it does make sense to get one now and pay 100% on it through the BK and have a vehicle, as opposed to my POS breaking down during BK and I am unable to get a new one. What does everyone think?

    Our lawyer said the she will file an addendum or whatever so the court takes our student loans into consideration and need to be paid back. She said we are looking at a monthly $400-$500 repayment fee that does not include our mortgage and new car. We will reaffirm on one of our current vehicles at its blue-book value and not the loan value, reaffirm on our mortgage, my wife's engagement ring, and our furniture. She said after reaffirming the secure debt, the remaining repayment schedule will go towards unsecure debt, which we have alot of, but will according to her, only be paying pennies on the dollar.

    In addition her total fee is $2400, but we would only pay $824.00 and the rest would be included in the repayment plan. Does this sound like she is blowing smoke or is this a pretty good deal? Im pretty nervous and would appreciate everyone's opinion.
    01/17/2009 Filed
    03/03/2009 341 Meeting
    04/14/2009 Confirmation Hearing

    #2
    It does sound pretty normal. Make sure you visit a few lawyers though. Our first one told us we were squarely a 13 and we ended up in a 7 with another attorney. The other thing I did was take one day to go watch bankruptcy court proceedings. You really see quick who the judges and the trustees are not found of. Everything is basically a check list but having an attorney that the judge likes was, in my opinion, a good move.
    Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
    DISCHARGE 08/12/2008[X]
    Converted to NO Asset case 12/15/2008[X]
    Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

    Comment


      #3
      PLEASE tell me that you are going to see at least two other attorneys before you go with this one. The fact that she was late (I know stuff happens, but!) and was talking over you and is practically shoe-horning you into a 13, gives me very bad feelings about this.

      If you have been on the board for a while you will know that 'Hub and I are the 'poster children' for bad/incompetent attorneys.
      Last edited by AngelinaCat; 08-14-2008, 09:16 AM.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        I too think that you should go see a couple more attornies. It's sooooo important to be comfortable with your lawyer and as MOMICAN'TFINDMY testified, it is quite possible that you could be pushed into a thirteen when you really qualify for a 7. Best to be certain.

        Good luck,

        ep
        California Bankruptcy Central

        Comment


          #5
          My wife and I saw another lawyer earlier last year. She was very unprofessional (she wore sweatpants and a windbreaker, plus her nails had fungus on them!) She wanted $1,000 up front, had us take the means test, then wanted to send us to another lawyer because she only does chapter 7's. Our current lawyer only wants $840 or so and that includes court costs.

          Today, our current lawyer claimed she was on time for the 11:00, even though my watch said it was close to 11:10. She was under the impression that this was our second visit because my wife had taken her mother to see her a month earlier. She did not think we had any paperwork to do. Her other excuse was that traffic was bad, since we met her at a satellite office that was 40 minutes away from her main office.

          It just felt that she was sugar-coating how much filing BK will be when I know different. I guess I just felt she was over-selling it.
          01/17/2009 Filed
          03/03/2009 341 Meeting
          04/14/2009 Confirmation Hearing

          Comment


            #6
            I still say be careful.......
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

            Comment


              #7
              It just felt that she was sugar-coating how much filing BK will be when I know different. I guess I just felt she was over-selling it.
              That doesn't say warm and fuzzy to me.

              ep
              California Bankruptcy Central

              Comment


                #8
                Our current lawyer only wants $840 or so and that includes court costs.
                That does not sound right.
                $541 to hire the attorney & $299 court fees. That is too cheap

                Probably more like 840 for a chapter 7 plus court fees?

                Comment


                  #9
                  I have the quote right here, it says a $600 down payment and $274.00 for court costs. the rest of the $2400 goes into the repayment schedule.
                  01/17/2009 Filed
                  03/03/2009 341 Meeting
                  04/14/2009 Confirmation Hearing

                  Comment


                    #10
                    the rest of the $2400 goes into the repayment schedule
                    That sounds more like it and is about average. Some places they can get around $3500 for 13, so you are in the right ballpark.

                    I thought it was 840 total, my mistake.

                    Comment


                      #11
                      Hi there,
                      I would definately interview a few other attorneys if you have ANY doubts (and it sounds like you do!) about this one. She is too 'rushed' to push you into an ch 13 when you could qualify for a ch 7. Remember, if you are in a ch 13, you will be with this attorney for the next 5 years!!!! Her BK rates sounds resonable (ours will be $3375 plus court costs) and you are very lucky that this attorney is willing to put the remainer of her bill in the BK (we have be completely paid up before we file). As for the car purchase, our attorney 'advised' us to get a new car before our credit went down the tubes (at that point, we hadn't missed/been late on any cards) because my car would not last the duration of the ch 13 (if had 240k and was 13 years old).

                      Good Luck to you!
                      May 2008 Hired 1st Attorney/Stopped paying CCs
                      May 21, 2009 Retained 2nd Attorney
                      May 28th - Filed for Ch 7 (FINALLY!)
                      9/11/09 - DISCHARGED!!!!

                      Comment


                        #12
                        Thanks Liz! I looked up any possible complaints on this lawyer and could not find any. I did find several praises about her though which is a good sign. She also instructed my mother-in-law to not even bother filling BK, so it sounds like she isnt in it for the money. My mother-in-law is on the verge of assisted living, she's in her mid 60's and has several health problems. The lawyer seemed as if she was looking out for my mother-in-law and stopped her from spending money on a BK. The lawyer told her that the most they could take from her would be 25% of her income which would be $100.00 a month. The lawyer advised her to just have her disability checks deposited in an estate bank account under my wifes name. Supposedly this will stop any garnishments from her checking account, disability payment, and retirement. Its a whole $400.00!

                        Chase forclosed on her home, so we got her set up in a low-income housing apartment and we are planning to open an account for her. She is a sweet old lady and I hate that she has to go through this as well!

                        Oh and btw, I would also like to thank everyone else for their advice!
                        01/17/2009 Filed
                        03/03/2009 341 Meeting
                        04/14/2009 Confirmation Hearing

                        Comment


                          #13
                          Hi Reddrocket07: as long as you are comfortable with this attorney, that will be okay with me. I am glad she took care of your MIL. I just am still very cautious. 'Hub and I are 'snakebitten' regarding attorneys, if you know what I mean. I will again urge caution......
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

                          Comment


                            #14
                            Make sure you visit another attorney before you do anything. When we went to visit with our first attorney, we got stuck talking with someone I now know was his paralegal. She was a rude butt, she even had my wife crying by her antics. She told us we had no other choice but to file a 13, she said we didn't come close to a 7. She said our payments would probably be somewhere between $800-$900 a month on our unsecured credit that we would be filing on. I'm sure they do more cases than any other in our area.
                            Luckily I found this site, and went to another attorney at Legalhelpers. The attorney we met with there said we should file a chapter 7. We were surprised and questioned him about what we were told by the first attorney. He showed us all the numbers where we definitely qualified in every category for a 7.
                            So far we've filed and had our 341 and are in the 60 day club.
                            As far as waiting for her - I can just say get used to it! I've dealt quite a bit with attorneys and I don't think they value our time the way they do their own.
                            So make sure you get someone else's opinion.
                            Good Luck
                            Last edited by Dennis1971; 08-14-2008, 07:04 PM.

                            Comment


                              #15
                              attorneys

                              I'm glad to read all the advice about getting another opinion. I have had an in-person with the attorney's aide in Georgia and she seemed efficient. The attorney has not called me back as she promised. I will probably see another in the area but this attorney was recommended by a firm that REPRESENTS THE CREDITORS! I called them by mistake going down the yellowpages for BK attorneys. Now I'm thinking though, is that good to be recommended by the opposing camp? BK is all this attorney does and he use to work for that firm. Any advice?

                              Comment

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