Phone consultation tomorrow....

[DEBTCHAINS]

First with an attorney that was recommended to me. Supposed to be a half hour to 45 minutes.

I like to be prepared, and was wondering if there are any questions any of you would have asked up front that you didn't when you first started this process? Anything I should be sure to touch on?


Thanks!

[AngelinaCatHub]

No do not "touch on" anything. Trustee or his paralegal will ask you about the same silly questions that he will again ask you at the 341. It is very simple and let your lawyer do your talking unless he signals you to answer. Set that up with him if he does not set that up with you first.

ALWAYS in a legal situation, never let your tongue hang you. 'Hub

[frogger]

ALWAYS in a legal situation, never let your tongue hang you. 'Hub

That's great advice 'hub. Always, and in every legal situation!

[OhioFiler]

Great advice except the OP is looking to ask questions of a potential attorney. He should ask lots of questions!

[DEBTCHAINS]

Great advice except the OP is looking to ask questions of a potential attorney. He should ask lots of questions!

Yup..... thanks, wasn't sure if I conveyed myslef correctly, thought I did. This is a consultation, nothing more. Just looking for any insight from those of you that have been through this.

[liz417]

When I 1st started this process over a year ago, I made the mistake of hiring the 1st attorney I consulted with and I believed every word he said (ch 13 only)...I found this site right after and ultimately retained another attorney and was discharged last month (ch 7)!

Okay, I consulted with 6 more attoneys and I found it helpful to have a "list of questions", one that was important to me was "will you be attending the 341 with me?" (you'd be surprised). How many Bk's do you do a month and how long have you been doing BKs? What are the Trustee's like (for my area)? From that answer you can tell who is experienced and who is not...sometimes they give a "general answer", but I pushed to see if they what they were talking about. I went into each consult and let them talk then I pulled out the info I researched and I had already done the means test online (www.legalconsumer.com), so I knew EXACTLY where I stood. What is the best way to contact you (via phone, email, etc.)?

[liz417]

oh, I wanted to add....

At my 341, the Trustee had NO patience with the attorneys that weren't prepared (there were A LOT of very young, new attorneys representing clients), those case were pushed back to a later date. Make sure your attorney has a "good relationship" with your local trustee. My attorney has been doing ONLY BKs for the last 30 years and he KNEW exactly what the Trustee wanted/was looking for, when we walked up, my attorney and Trustee where busy joking around....

[DEBTCHAINS]

Thanks for the tips Liz, that was very helpful.

[forgotten]

Make sure your attorney has a "good relationship" with your local trustee.

When I sat down at my 341 the trustee and my lawyer were making plans to go out that weekend. I felt that was probably a good relationship.

[AngelinaCat]

Along the same lines, but slightly different......

One poster suggested calling the clerk of the BK court in your district and ask for a list of attorneys that they would recommend. The reasoning behind that suggestion is that the clerks deal with these people on a daily basis, and know which ones are prepared, timely, and easy to work with. Likewise, they know which ones are unpreparred, late, have a lot of ammendments to make, or are just plain jerks to work with.

Chances are, if the attorney is pleasant to work with, he/she will be that way with the clients. If they are jerks to work with, they will likely treat the clients the same way.

Good luck.

[2manybills]

I hope your consult went okay. Let us know.

[DEBTCHAINS]

I hope your consult went okay. Let us know.

Sue, thanks so much for the recommendation. My wife, who's been hesitant to even consider a BK, was relieved talking to the attorney, and it almost felt like a stress ball was taken away, partially anyway. I've only talked to two attorneys, and I know I should probably talk to a couple more, but I think we're both pretty sure we're going with this one. That he comes strongly recommended by someone in here means something to me, and even if he wasn't, I was really impressed.

He eased a lot of our fears, and to make a long story short, before we decide to file, we need to get our loan mod completed one way or the other. If they do the loan mod, and we're okay with it, we'll then file. Attorney said we could do so and it won't affect the loan. (against the law) If we're not okay with it, we will let it get close to foreclosure, and then file to see if we can get it done that way. (our main goal is to keep the house) He let us know to be cautiously optomistic about the whole loan mod ordeal, and I've come to feel that way anyways. Attorney said he's heard our story many a time, and we're not alone. We're officially going to stop paying EVERYONE with unsecured debt. He recommended doing this even if we DO NOT file, and to start offering settlements. We'd just never get out from under it any other way. So for now, concentrating on our house and getting some resolution there, then we'll go from there.

The only questions I forgot I emailed, and I'm one, not sure if he'd even know, we'll have to dig out our paperwork. We put new windows in 3 years ago, and owe about 7500. I just don't remember if it's unsecured debt, or if it could possibly be tied to our home. If it's not, it's $180 a month we'll stop paying as well. My other question was about our 401k's. We both contribute, but not as much as we should. Should we up those before we file?

He did say I should quit my second job, that made me happy. Said they'll look at the previous 6 months income, so an extra 500 a month, not a good idea, not in the long run. If we stop paying a couple things we have been, we'll come close to making that up anyways.

Thanks again for all the help in here! Feel sooo much better, and we haven't even filed.

[2manybills]

I'm so happy it worked out. He's an awesome guy and like I told you, I trust him with my life. He's very familiar with the BK courts in So. Cal and has been practicing here for a long time. PM me anytime if you have questions that I can help with.

[lostindebt]

who is this attorney? I am also in SOCAL and looking for a lawyer .... I would love his #!