Attorney's and Attorney Fees

[ksgirl38]

I worked for a Chapter 13 Trustee's office to put myself through law school, I can guarantee you I came out knowing more than many many older attorneys.

Be cautious, just because someone older claims to have "30 years of experience", doesn't mean they know squat about bankruptcy.

I'm noticing that. Had consultation #4 yesterday. I'm finding some conflicts in what some of the attorneys are telling me.

[ValleYum]

BTW, ksgirl38, how did your last consult go??

ETA: We must have been posting at the same time. LOL

[ksgirl38]

BTW, ksgirl38, how did your last consult go??

ETA: We must have been posting at the same time. LOL

Guess so. LOL How are you today?

I liked the attorney in consultation #3. He seemed well informed on things and I questioned him about some of the other things I had been advised by other attorneys. He was a little reluctant to contradict them, but explained why he felt the way he did. He was a little higher priced and I'm a little concerned that he might be one of those attorneys that passes you off to his staff, but I'm still thinking about him as an option.

#4 was last night. Nice guy, good sense of humor. He was a little intimidating just because I kind of felt like I wasn't understanding everything he was telling me, but I could tell he had lots of experience and knew his stuff. He was within a couple hundred dollars of #3, but he also mentioned he's joining another firm in the next couple weeks so I'm not sure how I feel about that.

I set up a 5th consult for Thursday afternoon. My biggest issue is that I feel like none of these attorneys really want my business, if that makes sense. I got a follow up email from the first one and a letter, but haven't heard anything from any of the others. Just wondering if that's an indication of what their communication might be like. Plus I'm getting some conflicting info from some of them so I'm still trying to weed through that to determine who I trust and who I feel is more accurate in their info.

[lillymarlene]

I set up a 5th consult for Thursday afternoon. My biggest issue is that I feel like none of these attorneys really want my business, if that makes sense.

That makes a lot of sense.

I filed chapter 13 October 2010. I had gone on 3 consults, and all three attorneys were somewhat different. The first didn't explain all that much, is very much a generalist. The second didn't meet with me in person, but sent his paralegal. (Who also claimed he could only help with my credit card debt, but not get me out of any business loans.) The third seemed the most knowledgeable and specialized mostly in bankruptcy.

Then I called #3 and he told me he couldn't help me. So while my boyfriend looked at me horrified, since he could only hear my side of the telephone conversation, I persisted and told #3 I thought he could help me. I set up a second appointment, and ended up retaining him. Overall so far, I've been very happy with my choice. Sometimes you just have to go with your gut feelings.

#2 around that time kept leaving messages, almost begging for my business. My feelings are since you're going to be paying a good sum of money to this person, it is also very important that you also pick someone that you want to do business with.

[ksgirl38]

True. My case is actually really simple, just my car which is exempt in Kansas and just discharging my credit cards in Ch 7. No house, no other assets, like I said really simple. I'm just having a problem spending too much when I know that there's really not too much to it. No offense to any attorneys, but a monkey could probably file my case, but like you said it's my money and I don't want to spend it on someone who's not going to do anything.

[ValleYum]

I am doing pretty well. Gosh, I am sorry it has been difficult to find an attorney. You need to keep going until you find the right 'fit'. We knew within 10 minutes into our interview with the attorney we hired.

An old forumer on here had a couple of good questions to ask attorneys whom you are talking to. Ask if you will be assigned to a staff member as a contact point and ask what their communication preference is with clients.

My attorney assigned us a paralegal. They preferred e-mail as a form of contact. Every e-mail I sent was answered within hours - usually faster. It makes a difference- a big difference to feel valued as a client.

Have you considered filing Pro Se? There is a GREAT guide written by NOLO Press that goes over it in detail. It's about $25 for a PDF version (look for online coupons first!!). Maybe that will help you decide: http://www.nolo.com/products/how-to-...uptcy-HFB.html

Hang in there!

[ksgirl38]

I think I'd be afraid of filing myself for fear that I'd screw it up. I'm stressed enough, not sure I want more. Although I'm sure it would save me a lot of money. I had high hopes for consultation #2, but after speaking with a few others I'm questioning him. He was the one that suggested I file Ch 13 instead of a 7.

[Tater]

Guess so. LOL How are you today?

I liked the attorney in consultation #3. He seemed well informed on things and I questioned him about some of the other things I had been advised by other attorneys. He was a little reluctant to contradict them, but explained why he felt the way he did. He was a little higher priced and I'm a little concerned that he might be one of those attorneys that passes you off to his staff, but I'm still thinking about him as an option.

#4 was last night. Nice guy, good sense of humor. He was a little intimidating just because I kind of felt like I wasn't understanding everything he was telling me, but I could tell he had lots of experience and knew his stuff. He was within a couple hundred dollars of #3, but he also mentioned he's joining another firm in the next couple weeks so I'm not sure how I feel about that.

I set up a 5th consult for Thursday afternoon. My biggest issue is that I feel like none of these attorneys really want my business, if that makes sense. I got a follow up email from the first one and a letter, but haven't heard anything from any of the others. Just wondering if that's an indication of what their communication might be like. Plus I'm getting some conflicting info from some of them so I'm still trying to weed through that to determine who I trust and who I feel is more accurate in their info.

ksgirl,

Hang in there, we had five consults before we chose an attorney. I've read where others have had nearly twice that many. We had a variety of attorneys from one who told me I was over prepared to one who put us in an automatic 13 since we were over median income. One I basically ran out of the office. Keep going until you find the right one for your situation!!

Like others have said, you are interviewing them for a job. Valle made some good points about asking how things are handled with the staff and client relationship. Good question!! We found one that truly took the time with us during our initial consult, answered all of our questions, and made us feel comfortable! You will find the "right fit" so to speak. Hang in there!

[ksgirl38]

ksgirl,

Hang in there, we had five consults before we chose an attorney. I've read where others have had nearly twice that many. We had a variety of attorneys from one who told me I was over prepared to one who put us in an automatic 13 since we were over median income. One I basically ran out of the office. Keep going until you find the right one for your situation!!

Like others have said, you are interviewing them for a job. Valle made some good points about asking how things are handled with the staff and client relationship. Good question!! We found one that truly took the time with us during our initial consult, answered all of our questions, and made us feel comfortable! You will find the "right fit" so to speak. Hang in there!

Thanks. I'm kind of running out of questions to ask these attorneys. I guess with me I'm real observant so just seeing how the office runs gives me a big indication of how involved the actual lawyer is and if he's a good fit or not. I've gained some valuable information, but sometimes I wonder if these attorneys just don't know how to sell themselves. We'll see what happens after consultation #5. I could easily go with #2 or 3, or even 4 although he was higher priced. I'd say it's going to be about a month until I file anyway, but I really don't want to go to anymore consultations. I keep telling my employer that I need to leave early for an "appointment," leading them to believe it's medical related. I think they are started to suspect I've very sick. LOL

[Tater]

Thanks. I'm kind of running out of questions to ask these attorneys. I guess with me I'm real observant so just seeing how the office runs gives me a big indication of how involved the actual lawyer is and if he's a good fit or not. I've gained some valuable information, but sometimes I wonder if these attorneys just don't know how to sell themselves. We'll see what happens after consultation #5. I could easily go with #2 or 3, or even 4 although he was higher priced. I'd say it's going to be about a month until I file anyway, but I really don't want to go to anymore consultations. I keep telling my employer that I need to leave early for an "appointment," leading them to believe it's medical related. I think they are started to suspect I've very sick. LOL

Well, hopefully, consult #5 will be your lucky number too! We asked basically all the same questions but the lawyer we retained even brought up some other things about our case, none of the others did. She really reviewed the paperwork and explained how bankruptcy would fit our situation. It's good that your observant about how the office runs, that's something I paid attention too. Most of her staff had been there for years and truly enjoyed their jobs. They were all very professional and kind. It wasn't a "stiff" atmosphere though, if that makes sense. We learned what the trustees were like in our area. Even when I turned in our paperwork last week, all the schedules, debt forms, etc., the office manager went through it and explained what the trustee would be looking for. We had to get a couple more in depth documents and have a couple of things stamped. Little things like that have made our process easier.

Please let us know how consult #5 goes! I am keeping my fingers crossed for you!

[ksgirl38]

Well, hopefully, consult #5 will be your lucky number too! We asked basically all the same questions but the lawyer we retained even brought up some other things about our case, none of the others did. She really reviewed the paperwork and explained how bankruptcy would fit our situation. It's good that your observant about how the office runs, that's something I paid attention too. Most of her staff had been there for years and truly enjoyed their jobs. They were all very professional and kind. It wasn't a "stiff" atmosphere though, if that makes sense. We learned what the trustees were like in our area. Even when I turned in our paperwork last week, all the schedules, debt forms, etc., the office manager went through it and explained what the trustee would be looking for. We had to get a couple more in depth documents and have a couple of things stamped. Little things like that have made our process easier.

Please let us know how consult #5 goes! I am keeping my fingers crossed for you!

Just out of curiosity, what type of paperwork will I need to provide? I've already set aside photocopies of my paystubs, student loan, credit card statements, taxes, etc. I'm still working on cleaning up some things. I have some stock to sell and I closed out a CD last week. I'm in the process of transferring to a new bank so I need to cancel all my autopays anyway. Just wondering what else I should be doing to prepare.

I'm hoping this consultation goes well. This was one of the attorneys I actually found a review for and she's a woman so maybe I'll be more comfortable with her. I don't know.

Unfortunately I had a few more things that came up in the past few days that I'm anxious to get feedback on. I'm getting some differing answers on reaffirming the car so that's one issue, but like I'm mentioned I'm single with really no assets other than my car and that's exempt in Kansas so I'm not terribly concerned about the whole thing. Maybe just anxious to get it over with. I'm kind of shooting for a filing date right around July 4th. We'll see. The main issue for me is getting switched over to a new bank and getting all my bills paid before going into filing.

[hmsmith]

Hi KSgirl! It sounds like you are well on your way to getting this whole process started! When I retained my attorney he gave us a checklist sheet of all the documents that we needed to provide. It included all recent bills from ALL my creditors, student loans, bank statements, the title or memorandum title to our car, 2 years of federal tax returns with w-2's, 6 months of pay stubs. I had to get more paperwork during the process of the weeks leading up to the filing date, but it was no big deal. I do remember him specifically asking me if I closed any accounts at any banks w/in the last year. I'm not sure about your CD or what they will say about it, but you should def ask them. I wasn't sure about the reaffirmation on our car either, and my attorney said once you reaffirm you actually have 60 days after your discharge to change your mind. A big factor is do you owe a lot of on your car or are you upside down in it? Everything I researched and read said not to reaffirm and the whole time I said I would, but when it came down to signing the reaffirmation agreement, I decided against it. For my situation, it just didn't seem wise to continue paying over $400 a month for a car for another 5.5 years. We opted to keep our cheaper car which is only $230 a month. You have some time yet to decide on that. We didn't sign until after our 341 meeting of creditors. Hope you find the right attorney for you!

[Tater]

You will also receive different schedules from the attorney you retain, I don't know the specific names exactly. I know on one we had to list monthly expenses, on another we had to list asset prices (garage sale values), and on another sheet we had to list bank accounts, 401 (k), IRA, stuff like that. We also had to provide copies of our recorded deed & mortgage, you won't have to worry about that, but may have to provide something about where you rent. Not sure as some of this stuff varies by state and district. We haven't had to provide bank statements, just need the ones on the day we actually file. We did have to provide proof when this tax refund was received because it's within four months of us filing. That is the only bank statement we have provided so far. It's good to be organized because I used the documents that I filled out for the lawyer to do our pre-bk credit counseling for the certificate.

[ksgirl38]

Hi KSgirl! It sounds like you are well on your way to getting this whole process started! When I retained my attorney he gave us a checklist sheet of all the documents that we needed to provide. It included all recent bills from ALL my creditors, student loans, bank statements, the title or memorandum title to our car, 2 years of federal tax returns with w-2's, 6 months of pay stubs. I had to get more paperwork during the process of the weeks leading up to the filing date, but it was no big deal. I do remember him specifically asking me if I closed any accounts at any banks w/in the last year. I'm not sure about your CD or what they will say about it, but you should def ask them. I wasn't sure about the reaffirmation on our car either, and my attorney said once you reaffirm you actually have 60 days after your discharge to change your mind. A big factor is do you owe a lot of on your car or are you upside down in it? Everything I researched and read said not to reaffirm and the whole time I said I would, but when it came down to signing the reaffirmation agreement, I decided against it. For my situation, it just didn't seem wise to continue paying over $400 a month for a car for another 5.5 years. We opted to keep our cheaper car which is only $230 a month. You have some time yet to decide on that. We didn't sign until after our 341 meeting of creditors. Hope you find the right attorney for you!

Well, attorney #4 indicated that one of the positives on reaffirming the car is that it would help my credit post-BK. I'm still not sure I understand everything about reaffirming the car yet, but my main concern was them changing the terms of the loan. I'm at 0% interest and didn't want to lose that. I guess I'm not likely to lose that from what I've heard, but still a concern with me for some reason. I'm current on all payments so I guess as long as someone is still making those payments Toyota doesn't really care.

Sounds like I've got most of the paperwork together already. I just wasn't sure what else I needed, but that helps. Thanks.

[ksgirl38]

You will also receive different schedules from the attorney you retain, I don't know the specific names exactly. I know on one we had to list monthly expenses, on another we had to list asset prices (garage sale values), and on another sheet we had to list bank accounts, 401 (k), IRA, stuff like that. We also had to provide copies of our recorded deed & mortgage, you won't have to worry about that, but may have to provide something about where you rent. Not sure as some of this stuff varies by state and district. We haven't had to provide bank statements, just need the ones on the day we actually file. We did have to provide proof when this tax refund was received because it's within four months of us filing. That is the only bank statement we have provided so far. It's good to be organized because I used the documents that I filled out for the lawyer to do our pre-bk credit counseling for the certificate.

I guess I have received some handouts from the attorneys indicating what paperwork I needed, but haven't really looked over it too carefully yet since I haven't even decided on an attorney and I assumed it didn't include everything I needed anyway. Maybe I'll look over it this weekend. Thanks.