Met with my attorney today

[WillinVT]

I met with my attorney at 5:00 PM this evening and everything went so smooth. I wasn't really worried going there, but there was some doubt in the back of my mind.

I have to say that my mind is at ease now and even though nothing has been filed yet, my mind is at ease knowing that my debt will be gone sometime in the near future.

He is very reasonable in price compared to the other attorneys I have check out in the area. A lot of them were charging between $1500 and $2000 for there services, plus $299 for the court fee and an extra $50 for the pre-filing counseling.

The guy I have hired has been doing this for 25 years and he charges $1000 for his services and only a $200 retainer fee, which after I pay, I can direct all my creditor calls to him. So by mid May, I will be paying him my $1000, plus $299 for the court costs and my wife and I plan on doing our counseling online next week.

Plus, we are a no-asset case, which rocks!!!!

One question I forgot to ask; is a security deposit to a landlord considered an asset?

And I cannot stress this enough... This forum is the best there is. You can't put a price on the type of support you get here.

[liz417]

Congrats on getting the ball rolling...

[eddiep]

awesome!
That is great news all around. Im glad you found a lawyer you are comfortable with.
Not sure about the security deposit.

[Naomi]

Glad it went well for you.
I'm still in the thinking stage, but did download this financial info worksheet thing today from one of the attorneys in this area.
Regarding the security deposit, it was listed on this ppw under real property along with things like cash, checking accounts, etc.
So, seems like a security deposit would be an asset. I'm n GA so not sure if this applies to you.

[frogger]

I think that you'll find a place in the paperwork where it asks a question something like: Do you have any property or money that belongs to someone else?

If you are a landlord, and you are holding a security deposit, that money is not yours. At the time you give up the rental property, you will need to give up the security deposit too.

There are enough landlords out there that try to shaft tenants out of security deposits. Don't be one of them.......

[HHM]

I am glad you found someone you are comfortable with. But keep in mind...

The lowest "price" is usually not the lowest "cost".

[trueblues]

Congrats, William for finding a good lawyer at a good rate. I've been to four attorneys and their prices minus filing fee ranged from $1,500 to $2,300. It must depend on where you live.

If you are a landlord, and you are holding a security deposit, that money is not yours. At the time you give up the rental property, you will need to give up the security deposit too.

There are enough landlords out there that try to shaft tenants out of security deposits. Don't be one of them.......

I think its a rip-off that you have to claim the full amount of the deposit. I've never gotten all of my deposit back, landlords have always dinged me for part of it even though I usually left the place in better shape than I found it.

We've been in our rental for 7 years and I know we won't get most of our $1,500 deposit. They aren't supposed to charge for normal wear and tear but they always do.

[WillinVT]

As far as the Lawyer goes, there aren't too many in my area that handle bankruptcy cases since the new law in 2005. Before 2005, pretty much every lawyer in and around town (and there were a ton of them) would handle bankruptcy cases.

Now, there are roughly 4 in the area I live in that I found and all of them were over $1500, plus filing fee's. I found one who was about an hour and 30 minutes from where I lived, but she would never return my phone calls or answer my emails. The last time I talked to her, she told me to send a deposit of $750 along with my paperwork. After that, she never wouldn't respond.

The lawyer I am using has been doing bankruptcy cases for 25 years now and from the research I have done on him, everything checks out OK. I am guess he only charges $1000 for fees because that is pretty much all he handles and he wants to stay competative among the other lawyers in the area.

As far as the security deposit with my landlord, I didn't know if the trustee has the right to take it from my landlord. If that was the case, we would be booted from our apartment and we don't want that to happen. The deposit is for $679 and since my wife and I are filing together, I we are way under the exemption limit for our state and we will include that.

I will have to send my lawyer an email and ask him about that.