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    Services Covered? (long)

    We are using a legal service through my husband's employer. According to the legal plans information, this is what is covered for ch7:

    This service covers the Employee and spouse in pre-bankruptcy planning, the preparation and filing of a personal bankruptcy or Wage Earner petition and representation at all court hearings and trials. This service is not available if a creditor is affiliated with the Sponsor or Employer, even if the plan member or spouse chooses to reaffirm that specific debt.

    And, on the attorney/debtor agreement, it says:

    In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including:
    a. Analysis of the debtor's financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy;
    b. Preparation and filing of any petition, schedules, statement of affairs and plan which may be required;
    c. Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof;
    d. [Other provisions as needed]

    6. By agreement with the debtor(s), the above-disclosed fee does not include the following service:
    Representation of the Debtor(s) in any action or proceeding objecting to the Debtor(s) discharge; objecting to the
    discharge of a particular debt of the Debtor(s), or to revoke the Debtor(s) discharge.


    So, basically, what this means is that after the 341, the attorney will not do anything for us - even fighting the numbers, etc.. is that a correct understanding?

    Now, does this plan service sound like it will cover any additional work the attorney may need to do post 341 on our part?

    We didn't have to pay the huge fee we thought we would have to pay, so I am okay with paying an hourly rate for any additional work needed, but I'd like to know what I am up against later. I emailed the paralegal, but of course I've gotten no response.

    Maybe I'll email the attorney directly! He gave me his email address for some other documents I had to email him... but I don't want to annoy him!
    Filed Ch.7 on 03/17
    Statement of Presumed abuse filed 707(b) 05/03
    Statement of Non-Abuse filed!!
    Discharged 06/23/10

    #2
    Nearly all "discount" attorneys don't cover anything after the case is filed except the 341 meeting. 95% of the time, not much happens after the 341 meeting.

    Comment


      #3
      Originally posted by HHM View Post
      Nearly all "discount" attorneys don't cover anything after the case is filed except the 341 meeting. 95% of the time, not much happens after the 341 meeting.
      Okay... I'll make sure we're prepared in case we need more. I was told NC has a BK administrator and that I don't need to worry about UST involvement, but we are 5K over the median with apx neg $200 DMI on the means test and have a DMI of $94 on schedule J. And my husband has a lot of stock options that we are guessing will make us an asset case. I want to make sure I am prepared emotionally for the worst I guess.

      Thank you for your response.

      ETA: I know this doesn't matter, but I just looked at the means test filed and I don't know how I missed this before, but the DMI is -635.99!
      Last edited by coolmom04; 03-19-2010, 11:14 AM.
      Filed Ch.7 on 03/17
      Statement of Presumed abuse filed 707(b) 05/03
      Statement of Non-Abuse filed!!
      Discharged 06/23/10

      Comment


        #4
        Looks like a standard fee arrangement... and your fee covers your case.. which most of it happens PRIOR to filing . The issue comes in if you have a creditor object to your discharging the debt owed to them.. then you end up having fees to pay.

        As for the administrator, they do the same thing basically that a US Trustee.

        Comment

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