Picking an attorney

[ColoradoBell]

I've met with four attorneys and have received two opposing answers to every question. I realize my case is unusual, but I was hoping that I'd have fewer questions and more answers than before I met with four attorneys.

A worse problem is that I'm now more confused than when I started. Must be my memory is starting to go

So I'm going to post a few questions here that might sound a bit stupid:

1. Avoiding judicial liens: can this be done with either a 7 or a 13?

2.If a house is owned jointly or tenants in common (it could be argued either way, depending on benefit) , would a trustee most likely take the entire value of the house and subtract all debt and then divide the balance OR take the debtors share of the house and subtract the debtors debts from her share?
(That particular question caused the most varied answers from the four attorneys)

3. Since the TRustee takes over only the debtors assets, what happens if the major asset is jointly owned with an ex spouse? Might the trustee allow a sale of the property, even if the sell was way under value, because the trustee wouldn't be able to stop a sale of a joint property if only the debtor was filing?

(If you want to know why these questions came up, its because my only asset is a % share of the marital home after a divorce. It was supposed to be a net of $500k which would cover all my debts and then some BUT due to some crooked dealings the contract is not arms length and my net, if the sale goes through will be less than my homestead exemption.

I'm filing so that I can save my homestead exemption but then learned that I might be able to avoid the judgment liens . The only mortgage is failry small and all paid up. It's pretty convoluted as to what could happen.

What I was hoping was that in the even that the liens wwere avoided based on the sale price, that I might then claim that the sale price was too low and a not arms length transaction. Then the trustee might try to sell it at a price closer to appraised value. If it sold for more, then I could pay my debts. If it didn't I think I could arrange to have a famlly member buy out ex's share. It's a long shot I guess.

Now to what the 4 attorneys said:
One said that the trustee wouldn't stop the sale because the ex and my original purchase was as joint tenants.
Another said , no problem, the sale stops and the trustee makes inquiries as to whether the sale price is market value or much less.
ONe said that the judgment liens that effected my homestead could be avoided.
One said they couldn't.
One told me to walk away, not take my share of the house or the retirement plan money.....I"m still wondering about her...does she know my X??????

I realize that BK law seems to vary not only from state to state but within a state from judge to judge....but I'm just looking for anyone who has come up against any one of the posed questions to give me a little guildance.

I have to file right quick as the house sale is due to close in 30 days!

[Flamingo]

Before playing guessing games or getting the wrong advice, what I would be doing is getting on the phone today with my state Bar Association and asking them for the names of some good BK attorneys in my area who handle complicated BKs with divorce related matters. You can find them in your phone book either under your "state" section or maybe in the yellow pages in the lawyers' section. Best of luck to you...

[Universal]

Keep looking and meeting with atty.'s until you find the right one, and you will find the right one. The advice you are getting from an attorney is based a lot of times on the interpretation of the information you are providing. You may be giving one atty. a small piece of information, that another didn't receive, or hear, and 1 little item of information can make for a whole different interpretation. Keep consulting until you find one that is right for you. As suggested, check the various bar associations. Best of luck to you.

[HHM]

1. Yes

2. That issue will be specific to the state. Generally, if you have joint owners of real property and one of the owners is not filing...
Value of property - mortgage = Equity
Each owner is entitled to 1/2 of the equity exemption.
In CO, the exemption is $60,000, so, the BK debtor gets $30K and the non-filing owner gets $30K.

3. Not sure what you are asking here. However, one assumption you have in the question may be false, the TRUSTEE CAN STOP a sale of a joint asset if the debtor (you) could do the same.

I don't think there is a BK attorney that could ANSWER that level of complexity at an initial FREE consultation. At some point, if you want a lawyers help, you are going to need to pull the trigger and start PAYING someone to simply figure it out.

[Universal]

Absolutely as above. You need someone with KNOWLEDGE. While a lot of BK cases are routine, some are not. Your case is not routine. The more issues involved, the more reason you need to find an experienced and knowledgeable attorney.

[ColoradoBell]

Universal...you are so right about giving each a little bit different info...and I know I had done that when I spoke with countless attorneys on the phone. So when I went into the meetings with these 4, all of whom came highly rec'd, I had a 2 summary with all facts and figures and didn't say anything but asked them to read it first. It was kinda funny because not one of them could get through the 2 pages without asking questions...not necessarily relevant questions. But the direction of their questions helped me understand where they were coming from. Problem is that even tho most of the meetings lasted 2 hours, I could see that they were getting lost in the details, which really become more important after the general scope is understood.

Re the state bar: I found the state bar referral service to be absolutely useless.
All they have are names /phones...no different than the phone book. If your state bar or experience is different , more power to ya!

Finally, with my divorce, I learned that it is often better to listen to both what a lawyer tells you he will do for you, and then to a client who tells you what actually resulted. Lawyers get paid whether you 'win' or 'lose'.

My problem is, as I've written, TIME. If I don't file right away, I will lose my house.

[ColoradoBell]

HHN, as always, thanks for answers to these questions.

(RE #2 Caveat: no mortgage, but instead a HELOC. X took that out in his own name and on his share of the house so he'd control it "M" attorney said X would have to pay it, even tho the judge ordered me to reimburse at 60% (as I was to get 60% of the equity.) If we the HELOC is subtracted from sale price, and if the homestead exemption is all mine by right of my living in the house and he not qualifying *, then I can avoid some of the judgment liens that are mine specifically. )


I do understand about paying as I've paid out over $100,000 to attorneys so far. I was actually surprised that BK attonreys would do fairly long consults for free..I am thankful. The other side of the coin is, with money so scarce now, do I want to pay someone 5k to file the paperwork only to find that (1) my house can't be saved (2) the cost of the BK (litigation presumed) ends up eating the whole homestead exemption.

*one of the attorneys who was also a trustee, said that since X hadn't lived in the home for 10 years that he does NOT qualify for the exemption and that I would get it all. (Again, several others said what you said).

Re #3: I can't stop the sale of the house as it was court ordered...although orders also said we could buy out each others share...but the sale is wayway below fair market..yes, even in this market. Can the trustee stop the sale if there is proof that something 'funny' is going on?

The firm we talked about had the most positive outlook.