Finally got atty but not very comfortable with him...some Q's..

[KevFinnerty]

Short story. Am looking to file Chpt7.

I found an atty last month that I liked but had no money for his fee ($2000). I then went to a free legal aid atty who ended up rejecting my case. That then referred me to another program called "Legal Access" which randomly assigns a local atty to take the case for about half price.

I am unemployed and the past month or so I have been selling possessions just to stay alive, and to raise $$ for an atty. I have about $1500 now, enough to pay this guy I saw today, who said he would take my case.

However, this guy just gives me the willies. He did not look at me the whole time we were talking in the office today. He did not ask me pertinent questions that should be important to the case, stuff that LegalAid asked. Didn't want a list of assets, said the trustee would just want my house (there is equity in it). Without even looking up values or consulting anything said my car would be exempt and that the trustee wouldn't want it. Said if trustee asked how I was supporting myself last 6 months we would just say my parents were helping me out - I was shocked. Told him my parents were dead! How could he even just throw this BS out there with no concern for the facts? There were some other things as well that came up that I was not comfortable with his responses or advice.

He basically just seem to want me in/out of there and to give him $1300 to get things rolling.

Unfortunately I feel trapped with no other options, as far as this lawyer being assigned to me, and that I don't have enough $$ to hire someone I like. On the other hand he seems very experienced, and that was shaping his attitude like "this is open and shut" no need to waste any time.

I am wondering - can an uncaring, nonattention to detail atty screw up your bk? Or, how much will I be in control as far as looking over his shoulder and correcting forms or whatnot that he fills out without real regards to the case, so that I can use him but avoid problems?? I am really stressing over this.

[Fresh]

You are so close to having the $2000 fee for the attorney you want. I know how you feel like that $500 is miles away being that you have been unemployed and how you have been surviving. One thing I would urge you to do is to go with your gut instinct. It's exactly what I did and I have never regretted it. My attorney who ultimately filed and got me a successful Ch. 7 was over $3k with everything. When I went to him, I had none of it. I saw one other attorney after seeing him and what I knew was that I knew I was going to find a way to get the money. The thing I had on my side was some time and a temporary job that lasted longer than I ever thought and allowed me to fill a can with money. Do you have time to keep your creditors at bay for a while? If you do, find someway to get that $500 you need. Your question about whether an attorney can botch a relatively simple case, the answer is yes it can happen. Try to always remember that this is YOUR choice. You have the reins and you make the decisions. With your selection of a good attorney, do not let that one go.

All the best...Fresh

[kartoons19]

I tend to pay attention to my intuition and if an attorney gave me the willies, I wouldn't work with him/her, but that is me. I think the fact that he/she didn't even look at you says a lot. Will the first attorney you liked accept payments? If so could you pay him/her a deposit and then pay the rest over time? If you have creditors calling, retaining an attorney may take some of the pressure off of you, if the attorney will handle the calls. In my case, once I gave my creditors my attorney's info, the calls stopped.

Have you stopped paying your CCs? If not, stop paying and use that money towards an attorney. Another option is to interview other attorneys. Maybe you will find one that you like and will offer a sliding scale. I don't think it needs to be a either or situation. Another option is to file Pro Se, but I would only do that if your case is simple and if you are willing to put in the work to file your own case. As you know a bk isn't going to solve income problems, but I can understand your wanting a fresh start. Good luck to you.

[ccsjoe]

Kev...YES, an imbecile of an attorney can and will most likely SCREW UP your BK. I know that extra 500 seems far away right now, but strive for it. Do not take someone you do not trust to navigate one of the biggest business decisions of your life. Either try to get the extra 500 or see if you can go pro se...certainly you'd be better represented than with someone flat out telling you to lie!!!

Please listen to yourself, reread your post again...and again.

Good luck

[AngelinaCatHub]

Kev: You have got to be kidding. You have answered your own question. Run like h*ll from that guy. Run don't walk, pull what money you can back from him and fire him.

For little money, pull down the C7 book off the Internet from Nolo Press. In pdf format and READ man. You could even go pro se'. Many here have done so. A simple C7 is simple. We paid $1500 for an incompetent in which we brought to the bk Judge to get removed. It was fruitless but rewarding in the fact that our case was over, but she was a jerk and lost a day of her work and embarrassed her before a bk Judge.

Check all the "stickys" and the pro se' stickys. Ask questions here. Take the advice as what it is worth. It is opinions, and everyone has one, but we have been there and done that. We for one are quintessential ignoramuses within our bk. We now would easily take on a pro se' as it is so simple compared to a C13.

Best I can do my friend. 'Hub

[AngelinaCat]

Short story. Am looking to file Chpt7. ...I am wondering - can an uncaring, nonattention to detail atty screw up your bk?...

Short answer: YES!!!!

When I read your post and got to this line, I actually screamed and jumped out of my chair, scaring 'Hub, who was sitting nearby. We are almost the 'poster children' for bad attorneys. Thanks to the non-guidance and non-education from this person, we committed just about every mistake we could make.

We did not know of this forum at the time; if we had, we would have been better prepared and would have handled things differently.

I know 'Hub is making his own post. Please consider his advice, as well as that of others who have been or will be weighing in with their opinions/advice.

My very best wishes go to you in this hour of distress.

[kartoons19]

I just read the OP post again, and I totally missed the lying part! Even if he didn't give me the willies, I would still run like hell. Hiring an attorney like that is just a disaster waiting to happen. If getting that extra $500 is not possible and you have a simple case, then definitely consider going the pro se route. I went through an attorney, but if I didn't have the money to pay her, I would have gone pro se. Again, good luck to you.

[KevFinnerty]

Thanks for the advice people. Yeah I definitely answered my own question I guess. I really don't like this guy at all, am extremely uncomfortable based on our short meeting today and would not use him but I also feel I have no choice.

Pro se is NOT an option, my case is too complicated. Foreclosure on my house has already started for one thing. Some other creditors are moving to sue me. Funds are scarce.

The $1300 this guy wants includes the bk filing fee, so his fee is really "only" $1000. The guy I talked to last month who I had a good vibe about wanted $2000 (plus the $300) and I don't have all that yet, and am running out of things to sell. Even if I took a min. wage crap job it would still take me a month or two to get enough $$. Sigh. I guess I shouldn't even have posted, I knew what you guys would say (run!). I am going to try to sleep on this and think more about it. The secretary in the office was great, very nice, and turns out she lives just down the street from me. Maybe I could even ask her for some inside info (is her boss actually any good?)....the office was nice at least which suggests success.

His whole attitude just screamed disinterest though, blah blah blah we'll do this and this, without even listening to me and not considering some actual facts. Maybe that was because of the half price rate. Maybe that is what work I'll be getting (half assed). Maybe he'll come through later but for initial meeting just wanted to steamroll through and not get into details??

Or maybe he is right - it seemed like basically his attitude was "the trustee will want your house since there is equity in it and nothing else even matters or will come up" thus he didn't want to get into details of anything else.

[tod183]

Have you interviewed other attorneys? I know the pricing kind of varies by region, but I really like mine and we are paying $1,400 (which includes the filing fee).

[AngelinaCatHub]

Thanks for the advice people. Yeah I definitely answered my own question I guess. I really don't like this guy at all, am extremely uncomfortable based on our short meeting today and would not use him but I also feel I have no choice.

Pro se is NOT an option, my case is too complicated. Foreclosure on my house has already started for one thing. Some other creditors are moving to sue me. Funds are scarce.

The $1300 this guy wants includes the bk filing fee, so his fee is really "only" $1000. The guy I talked to last month who I had a good vibe about wanted $2000 (plus the $300) and I don't have all that yet, and am running out of things to sell. Even if I took a min. wage crap job it would still take me a month or two to get enough $$. Sigh. I guess I shouldn't even have posted, I knew what you guys would say (run!). I am going to try to sleep on this and think more about it. The secretary in the office was great, very nice, and turns out she lives just down the street from me. Maybe I could even ask her for some inside info (is her boss actually any good?)....the office was nice at least which suggests success.

His whole attitude just screamed disinterest though, blah blah blah we'll do this and this, without even listening to me and not considering some actual facts. Maybe that was because of the half price rate. Maybe that is what work I'll be getting (half assed). Maybe he'll come through later but for initial meeting just wanted to steamroll through and not get into details??

Or maybe he is right - it seemed like basically his attitude was "the trustee will want your house since there is equity in it and nothing else even matters or will come up" thus he didn't want to get into details of anything else.

Well Ken, It is 100% your decision to do what you wish. You asked for opinions and the consensus seems to be get away from this one. One poster asked if you have interviewed more than one. Have you? The norm is at least three or more.

Please read all the stickies and also, the Trustee would NOT want your house unless you have a LOT of equity in it. I doubt you do.

As far and the repo and the law suits on the horizon, you can still file and at that split second of filing, all those things S*T*O*P. So that is not a worry for you. Your main worry is getting into this lawyer thing ASAP or get on the stick and learn pro se'. From what I have learned here, pro se' is possible and I would go that if I had to do over. NOW that I have learned stuff. Get that C7 book from Nolo Press www.nolopress.com and read it. Just for your own relief, it will educate you fast and you and your spouse will both feel much better.

Unless there is more to your story than a repo of the house and about to get sued for non-payments, your case sounds simple. Tell me why I would be wrong with a bit more info and the forum can go from there to help you. 'Hub

[wonderingrov]

I have to say - as soon as the attorney made the statement about your parents supporting you, even though they were dead, I would have RUN (not walked) out of his office. It is ultimately your decision, but if the guy openly admits to being willing to put you in a spot where you are committing perjury (you have to swear those documents are accurate and your statements on the 341 are truthful UNDER OATH) he is committing a major breach of ethics.

I would talk to a few more attorneys. I actually found one who is highly recommended in my area that actually knocked off about $300 off of her normal fee when she found out how hard of a time I have had in the past year or so.

[KevFinnerty]

Have you interviewed other attorneys? I know the pricing kind of varies by region, but I really like mine and we are paying $1,400 (which includes the filing fee).

I only spoke to one in depth (he wanted $2000 for bk, and another $1500 for foreclosure defense). I also called about another 5 or 6 offices to inquire about their rates and they were all between $2000-2500.

This guy I have now charges $2000 for normal clients but because of the legal access program he gives 1/2 off ($1000).

[KevFinnerty]

Well Ken, It is 100% your decision to do what you wish. You asked for opinions and the consensus seems to be get away from this one. One poster asked if you have interviewed more than one. Have you? The norm is at least three or more.

Because I didn't have the $$ to afford an atty I only spoke to one in depth. I would have hired him but didn't (and still don't) have enough for his fee ($2000). I then went to legalaid who represent BK for free in Pennsylvania but after reviewing my case they turned me down (long story). In the meantime I have been able to raise almost $1500 to pay for a lawyer.

Please read all the stickies and also, the Trustee would NOT want your house unless you have a LOT of equity in it. I doubt you do.

...

Unless there is more to your story than a repo of the house and about to get sued for non-payments, your case sounds simple. Tell me why I would be wrong with a bit more info and the forum can go from there to help you. 'Hub

I think I had talked about this in length in some other threads but here's the short story. My house does have enough equity in it that a trustee should take it. But with today's real estate market I supposed he might not even want to get involved with it, although that would surprise me.

I only owe $75k on my mortgage. If the house were spruced up (requiring about $5000-10,000 to do it) it would list for sale starting at $200-225k. However the market is so terrible here (and in general) houses like mine, in that fixed up shape, are not even selling for $175k. They are not selling at all. They are just sitting and sitting unsold.

And for putting it up "as is", a realtor told me I *might* get $160k for it, however, it could take months and months to actually sell it, and now, with foreclosure started, the lis pendens status on the house ruins any chance of me being able to sell it at all, other than to an "investor" for only about $80,000-100k, which wouldn't help me get out of my crushing 110k CC debt.

In addition, my work situation for '09 and the beginning of this year is complicated in that I worked for a startup company of a friend of a friend for NO SALARY. My friend kept me afloat and he helped his friend (the guy with the company) financially. The idea was that we would be millionaires by now and I (or the company) would pay him back when things took off. But it didn't happen fast enough and my friend ran into $$ problems and couldn't keep helping me out. I was left high and dry with no way to pay my bills starting in March/April. Alternative funding was sought to pay me but nothing came of that. At that point I should have immediately put my house on the market but I didn't. I tried to get a job to pay enough $$ to keep going but couldn't find anything. I became so depressed I could hardly even get out of bed. In the meantime then everything has come crashing down on me and things are where they are now (foreclosure has started, lawsuits by CCs are being threatened, I'm broke, I'm unemployed, etc). This startup company payment arrangement was the excuse that LegalAid used to turn me down btw. The way to handle it is to list my friend as a creditor and his payments as a loan. However they don't want anything to do with because it could be construed as a salary or a gift with tax problems.

There is also more to it but I'm afraid I'm rambling too much. All of our situations have long sad stories I suppose.

Thanks again for the comments folks. This forum is very helpful.

I think I will stick with this "budget" atty and see what happens. If it all falls apart because of something he does or doesn't do it is just one more aspect of my sad story, my life is ruined no matter what anyways, what's the diff. At least I can afford him as it is today and *try* to get some progress towards wrapping things up.

[cantbreathe]

Good luck, Kev. Please keep us posted. Good, bad or indifferent, it is ALL useful experience. ( I want an atty like ccsjoe's!!! ) Thank goodness for this forum!