Just wondering

[nohope]

when you first met with your lawyer - did they give you guidance on what type of bankruptcy to file? I know this sounds really dumb.

[frogger]

In my case, it was not an option. As for advice, they are going to need to see your numbers in order to know which way to go.

[Charlie777]

My lawyer had a questionnaire to fill out and bring with docs to the initial meeting, which was not free. He ran things through software and had a very good recommendation which is where we wound up going.

[OhioFiler]

when you first met with your lawyer - did they give you guidance on what type of bankruptcy to file? I know this sounds really dumb.

Why are you interested in knowing this? Are you certain you want a Chapter 7 but fear you may be put into a Chapter 13? You can shop your attorney by being specific about what you expect to accomplish.

[jeep75]

I went in thinking we would be 13, but the lawyer told us he wanted to try for 7, we were really surprised. I went back a second time and gave him all the paperwork he requested. Haven't heard much except he is working on the case and will be in contact if he needs anything.

[BrokeinMD]

This is what my attorney asked for at the initial consultation to make the determination of which Chapter:

RESIDENCE
Own _____ Rent _____ Monthly payment $_____________________
If own, Current value of house $_________________ Full balance of mortgage(s) $__________________
Are you current on mortgage? Yes _____ No ____ If not, how many months are you behind? _______
Are you facing a foreclosure? Yes _____ No ____
Do you own any other properties? Yes _____ No _____ If yes, how many? ____________________
DEBTS TOTAL BALANCE OWED | TOTAL BALANCE OWED
Credit Cards $ ______________________ | Taxes $ ___________________ Year (s)____
Medical Bills $ ______________________ | Personal Loans $ ___________________
Student Loans $ ______________________ | Child Support $ ___________________
Do you have any pending lawsuits? Yes _____ No _____
If yes, are your wages or bank accounts being garnished? Yes _____ No_____
ASSETS (current balance or fair market value)
Bank accounts: $ ______________________
IRA/Pension/401K/retirement: $ ______________________ Spouse $ ____________________________
Car 1: Year: _______ Make: _________ Model: _________ Value: $ _________ Loan: $ __________
Car 2: Year: _______ Make: _________ Model: _________ Value: $ _________ Loan: $ __________
Other Vehicle (s): __________________________________________________ ____________________________
INCOME
Your monthly gross income $____________________ Spouse’s monthly gross income $________________
Occupation: _________________________________ Occupation: ________________________________
HOW DID YOU HEAR OF US?
______ Gazette Newspaper ______ Internet ______ Bar Referral
______ Mail ______ Findlaw.com ______ Other
______ Yellow Book MD ______ Lawyers.com
______ Attorney ______ YellowPages.com
______ Friend/Relative ______ Google.com

[LadyInTheRed]

I emailed a spreadsheet to all 3 attorneys I consulted with, before the meeting. It included a list of all of my debts, monthly expenses and income for the past 6 months. They all ran a means test before the meeting. Not all attorneys will be willing to do that, but getting them the info ahead of time at least makes it possible.

[lillymarlene]

I met with 3 different attorneys last summer. The first one wanted me to do a 13, but claimed he could not get me out of a certain large business loan, that was over $50K. (That was actually his paralegal, because he didn't meet with me in person.)

The second one wanted me to do a Chapter 7, but I felt maybe he just wanted me to do that mostly for his convenience. (He was also more of a general practicioner.)

The third one, who is actually a bankruptcy specialist, discussed both options, 7 and 13 with me. Then he let me choose. I opted for a 13 since I'm self employed and hope to keep a few assets. My mortgage payments, under $700 per mo. including taxes, are pretty low. It's about $1,200 per mo. or more to rent anything decent in this area. (I also don't want my pets to end up homeless.) Then I have a "classic" car, that would be $550 per month for 6 mos. to hold onto under a 7, since it's fully paid. I did not feel like using nothing but public transportation or getting a clunker that doesn't run. (Car exemption was only $700 in my state.)

I went with the third attorney. Well, good luck in whatever you decide, but I think it's best to go with a specialist especially if your situation is a bit complicated by being self-employed or if you think you might possibly want to do a 13.

[espo1357]

when you first met with your lawyer - did they give you guidance on what type of bankruptcy to file? I know this sounds really dumb.

they will push you into 13 if you qualify for it, at least that was my experience. my guy did it for the money, although its my fault for being stubborn and wanting to keep an upside down home.

File a 7 if you can and be done with it, unless you are hell bent on keeping your home, etc.