This does not seem right?

[tightgrip]

So Monday we had a meeting with our attorney to figure out what the heck we are doing? We put our retainer fee down in January and we still are maybe a 7 maybe a 13 . . . . . we are patiently waiting!! Well actually inpatiently!! but when the paralegal told me we end up with about 483.00 left over we are stuck waiting another month to see if we get into a 7. So . . . here is where things went wrong. We were advised to let one vehicle go so we let it go and they were going to repo and we drove it to the CU and had surrendered it now we are down to one vehicle which is do-able until after the 7 when we can buy something with cash, and we are able to borrow a family members vehicle as a second vehicle. So our attorney is trying to tell us to get a second vehicle payment to help us get into a 7, well we want a truck but we dont want another payment. He suggested we go to a buy here pay here dealer and get another vehicle so we can get that vehicle expense on the means and we could just let the vehicle go in the bankruptcy? Isn't that fraud? Getting a vehicle you dont intend on paying back? I am not going to do that plus right now we really cant afford another payment. Sometimes I wonder how the heck we ever made it paying things. We dropped all our ccs and vehicle and trailer which was around 1500 but we also quit working OT unless it was mandatory and we are just braking even every month. I am just learning different things about my attorney I don't soo much like. I called yesterday about a possible refund of our 2200 and they said we could possibly get 300 back . . . . guess I am stuck with him!! I am just amazed by the things you read not to do in a BK then your attorney turns around and says do it!! The things that make you go hmmmm!!!

[SMinGA]

I can follow the logic path your attorney is on - but I also don't think its right to buy a vehicle only to trick the BK courts. Sounds like the attorney may be playing into some gray areas.

[LadyInTheRed]

If you'll be able to buy a vehicle with cash after you are discharged, why not finance a vehicle now, make payments until you are discharged and then pay off the loan with the cash you would otherwise have used to buy a vehicle?

If you can't afford the payments now, will waiting another month or two get your 6-month income low enough to qualify for Chap 7?

[junker]

like i said in earlier post....lawyers are not really regulated at all...they pretty much have carte blanche to do whatever they want....turning them in to other lawyers is a joke....i dont think any in california have ever been seriously reprimanded...they take care of their own....kinda like cops do.....

[Depressed]

Go finance the vehicle you want then pay it off after the discharge.

[LadyInTheRed]

like i said in earlier post....lawyers are not really regulated at all...they pretty much have carte blanche to do whatever they want....turning them in to other lawyers is a joke....i dont think any in california have ever been seriously reprimanded...they take care of their own....kinda like cops do.....

None seriously reprimanded? Not ever?

It took me 2 minutes on the CA State Bar website to find 2 that were disbarred. How's that for serious?

http://members.calbar.ca.gov/search/member_detail.aspx?x=97304

http://members.calbar.ca.gov/search/member_detail.aspx?x=109959

[junker]

come on now red.......one was from 1998 and the other 2004....there should be 100 a year disbarred. in california alone....judging from comments from dissatisfied clients on this forum...as shown...it takes something so grossly disgusting to get them disbarred....and still i didnt notice either one doing any jail time.....the average person is wasting his time filing a complaint with the bar...because lawyers take care of their own...one better solution...make them pass the bar on the FIRST and only try...that way you weed out the dummies....which appear to be some of the ones people on this forum have hired

[junker]

btw...one of the lawyers i filed a complaint against is a lawyer in northern ca..redding area...she broke many ethical rules...and the bar sent me a letter defending her inappropriate actions...big joke...

[LadyInTheRed]

Junker, I took 2 minutes to search "Jones" and "Smith" to find records of disbarrment. If I cared to go through every attorney record in California, I'm sure I could find many who have been "severely reprimanded". But two is more than enough to dispute your false claim that it hasn't ever happened in California.

I don't know the facts of what happend with your lawyer. Just because you say she broke ethical rules, doesn't mean she did. Maybe she did and there was not enough evidence to prove it. Or, maybe the Bar made a bad decision. Just because the State Bar ruled in favor of an attorney once, doesn't mean they do every time.

Many people here have posted stories of problems with their attorneys. I have expressed my disgust in response to a couple of those stories. People also occassionaly post about good attorneys. But, people with good attorneys are less likely to come here looking for help, so you don't hear about them as often. I never claimed there are no bad attorneys. But, I know from my 20 years working for attorneys that many, and in my experience most, work hard to satisfy their clients while keeping their fees as low as possible, even writing off significant amounts of time.

Your broad statements about all attorneys here and in another thread are offensive to the many excellent attorneys (in California and across the country), including those who give generously of their time to post on this board. You can't judge an entire profession based on your limited experiences.

Of course, I don't expect to convince you. Your mind is made up. I suggest you represent yourself in the future and see how that works out. I'm sure people here don't want see this discussion continue as it really isn't helpful to people with BK questions. I just really get angry when people make generalizations about any group of people based on the actions of a few. I'll try to resist the urge to reply to your future attorney bashing.

[keptdigging]

Buy a vehicle just to qualify for Chapter 7? Absolutely! You didn't write the crazy rules, you can only play by them.

Now buying a vehicle to deliberately let in go in BK... now that does sound sketchy (and the very definition of fraud.)

[junker]

Of course, I don't expect to convince you. Your mind is made up. I suggest you represent yourself in the future and see how that works out. I'm sure people here don't want see this discussion continue as it really isn't helpful to people with BK questions. I just really get angry when people make generalizations about any group of people based on the actions of a few. I'll try to resist the urge to reply to your future attorney bashing.

i have quite a bit more than limited experiences with lawyers...after my 1st accident on the great Los Angeles freeway system and dealing with that greedy lawyer that did absolutely nothing for me except cost me money. i found that i COULD represent myself in the next 4 accidents i had.And guess what i actually got MORE from the insurance co,s representing myself....than i would have with a lawyer....lawyers are about the only group of people that you CAN generalize....

[tightgrip]

thanks for the responses we have looked around and around and really every dealer wants atleast 2k down which we dont have and we cant work the OT to get the extra money because then our income will go up so I guess we are just stuck! Still 2K down and 500 a month seems really high and then all the dealers want to get us into a car so we can't go buy a car just to get payments and then pay it off because we need a truck. So that is why I dont want to go finance something we dont want. We will just wait till the end of the month and hope the income has dropped enough versus the means and then maybe we can pass if not we will do a 13 and then later on convert!

[Coldplay]

I thought you were not supposed to purchase big ticket items 90 days before filing. Couldn't your trustee ask you when was it that you FIRST met with your BK attorney ? If they do and you tell them it was BEFORE you made that big purchase....Wouldn't the presumption of fraud come into play ?

I'm still learning all I can about BK so I may be WAY OFF. If I am, I apologize. I just wouldn't want you to do anything that might harm you in the long run. Remember it's YOUR signature on that Petition. Your lawyer can always say he never advised you to do that. Just be careful.

Best of Luck to you !