I need your help, advice please!!!

[LadyInTheRed]

I asked him what their next move would be and he said a word that starts with an "A"??? Can you help me with that one?

Answer? That's the document you file to respond to the complaint which is the document the plaintiff files to start the lawsuit.

I gave him some "what if" scenarios, and he told me try not it "what if" because it will make me crazy, and it's not worth it, we should cross our bridges when we get to them. Agree or Disagree?

I agree. You need to go forward based on current circumstances.

I included the link in an email regarding the "forward thinking approach" and he kind of dismissed it, not saying it wouldn't work, but he also did not say that is our ace in the hole.

Seems odd to me, but I'm not an attorney.

[shark66]

The Eastern district is considered the wealthiest one of all...you might have to fight a pinch harder than you would someplace else to have the Trustee come to grips with the fact that you don't have money to burn...and they charge a 10% commission unlike Middle and Western - if I remember all of it correctly, it's been a while...

Your attorney is not from one of those Philly BK mills, is he?

Good luck.

[Mere]

Lol yes ladyinred, the next is "Answer" but he used another word after the "Answer" maybe arbitration??? Some kind of hearing before the judge....I am not sure, sorry He said after Chase gets my "Answer" they will proceed with the next process, but it could take a while because the courts are backed up.

Shark66, yes I know we are in the wealthiest district yes, 10% to the trustee, however we live in the Reading area, more country (Amish, they are wealthy, but keep their money under their mattress...smart

My guy is a one man show, small office, nothing fancy. But he does have 2 or 3 paralegals working for him. He has been practicing for 40 years, his father was also an attorney...sounds safe, he always has an answer, but is usually quick and swift with his replys no fluff...I like that. Not sure if I should be too concerned about his lack of knowledge with my case, but he does have posted he has filed 360+ BK cases in the past 2 years, good or bad??? Your thoughts???

I have paid him in full, he has all paperwork, so I am just holding and waiting, that way if anything has to be done quickly, we are ready to go.

[shark66]

Shark66, yes I know we are in the wealthiest district yes, 10% to the trustee, however we live in the Reading area, more country (Amish, they are wealthy, but keep their money under their mattress...smart

Not sure if I should be too concerned about his lack of knowledge with my case, but he does have posted he has filed 360+ BK cases in the past 2 years, good or bad??? Your thoughts???

I have paid him in full, he has all paperwork, so I am just holding and waiting, that way if anything has to be done quickly, we are ready to go.

Amish are smart, no doubt about that one. And crafty. Most of us could learn a lot from them.

Reading...my first experience of BK process of any kind. A LLC that I've done a ton of work for...my final bill ($12,500) ended up in their Ch. 7...and no, they were not Amish...LOL...

I'm not an attorney or any type of BK expert, but 360+ cases in two years for a small firm with only one person who actually practices law sure sounds like a lot to me...not that it means anything.

Try to relax a bit, let the chips fall where they may and take it from there.

Good luck.

[norcal]

We had three judgments in the process against us at the time we filed for bk. The only one to get through the court system and the judgement processed was Chase. I negotiated with them and made a few payments to them, until we filed for bk. I did tell them in the beginning of the payments that they were too high and we were looking into bk, but Chase's lawyer though I was telling him empty threats. At least they got a little bit from us, but no where near what we owed them. They were our mortgage payment credit card, so it was quite high.

[SunshineGal]

Hi Mere,

Credit card agreements used to contain a mandatory arbitration clause, Chase got rid of it about a year ago, but your attorney may be planning to use that in his answer.

I also used a small attorney’s office and he wasn't always familiar with the details of my case. However, he spent quite a bit of time reviewing my file before actually submitting the petition and was right on top of it at the 341. I wouldn't worry about that too much until you are actually ready to file. To us, our bk is a major event, to an attorney or paralegal, it’s just another day at the office.

One more thing, we were also sued by Chase, ironically, the suit was filed about a week before we began telling creditors we were filing and gave them the attorney’s information, including Chase. We did file an answer, pro-se, and didn't file BK for 3 more months. Chase didn't move for a summary judgment or a trial and the next thing we got from them was a dismissal after we filed the chapter 7.

[LadyInTheRed]

Lol yes ladyinred, the next is "Answer" but he used another word after the "Answer" maybe arbitration??? Some kind of hearing before the judge....

LOL. I thought answer seemed a little simple to have forgotten. Arbitration is possible. Many courts require arbitration after an answer has been filed.

My guy is a one man show, small office, nothing fancy. But he does have 2 or 3 paralegals working for him. He has been practicing for 40 years, his father was also an attorney...sounds safe, he always has an answer, but is usually quick and swift with his replys no fluff...I like that. Not sure if I should be too concerned about his lack of knowledge with my case, but he does have posted he has filed 360+ BK cases in the past 2 years, good or bad??? Your thoughts???

In my opinion, there shouldn't be more paralegals than attorneys because the attorney should be reviewing the paralegals' work. Either there's going to be a bottle neck as the attorney works to review documents prepared by the paralegals, or documents aren't being sufficiently reviewed. That said, an experienced paralegal can know her area of practice as well as or even better than some attorneys. The attorneys I work for (not BK) know my strengths and the younger attorneys often ask me to review their work in areas where they aren't so strong. So, you may very well be in good hands. Just don't be afraid to be a pest if need be and when you do ask the attorney questions, make sure you brief him on the relevant facts of your case. With that kind of volume, there is no way he can be familiar with the details every case off the top of his head.

[Mere]

In my opinion, there shouldn't be more paralegals than attorneys because the attorney should be reviewing the paralegals' work. Either there's going to be a bottle neck as the attorney works to review documents prepared by the paralegals, or documents aren't being sufficiently reviewed. That said, an experienced paralegal can know her area of practice as well as or even better than some attorneys. The attorneys I work for (not BK) know my strengths and the younger attorneys often ask me to review their work in areas where they aren't so strong. So, you may very well be in good hands. Just don't be afraid to be a pest if need be and when you do ask the attorney questions, make sure you brief him on the relevant facts of your case. With that kind of volume, there is no way he can be familiar with the details every case off the top of his head.

Thank you Shark66, SunshineGal, and Ladyinthered...all of your answers make sense, I feel a little better. I went today signed, and paid for the answer, and now the ball will be in their court. I spoke with a new paralegal today, she was nice answered my questions. She told me not to worry, things are going to slow down now, when filing an answer it will buy us some time, and even if it's not enough time, there are still options at the next go around.

I agree with your theory Ladyinthered and SunshineGal...he is busy, and not familiar with my case, but when the time comes he will hopefully deliver. It does seem when I give him details and refresh his memory, he always has the answers I am looking for, so I am going to try and relax, and ride out the storm ;)

[SunshineGal]

Glad to hear your meeting went well. Now go relax, find a nice beverage, maybe read a book, and just unwind for the weekend!