attorney fee range

[flaguy]

well guys I joined 4 years ago and I think my fiancée is ready to file ch7 and I might be closer than I thought.........my situation is very complicated (see old posts) but hers isn't as much but I can see certain things that I would assume/ hope any trustee would question but it is what it is. Have met with just about every BK attorney in town (no longer in Fl) and today met with the only board certified one in this city. He was definitely on a different level and we were there for 2.5 hrs discussing her case first and then mine.........while I liked him the best I am torn because I think he believes we will be an open check book.....his typical ch7 filing fee was $2500 but towards the end of the meeting he started the "justifying" why hers is more complicated than a normal Ch7 and mine is way above (which I agree on mine) but then stuck a $3500 on hers with hints of 5000+ on mine (again mine I can't argue, I spend 2xs that a year on a CPA) ..................money is very tight and has been for 5-7 years as we haven't had or used any credit in that same time frame so I hate to spend an extra $1,000+ on top of hiring the most expensive one (every other attorney was between 1250-1750). I know you get what you pay for to some degree but this also feels like getting bent over at that the same time........I guess I am just curious for others thoughts and comments that have been through it

[justbroke]

There is no magic formula. You need to be comfortable with the attorney. If there is ANY property such as savings, real property, vehicles, then you may have a more complex case. Notice how I didn't even mention property issues. If there are no property issues and no necessary motions related to property (redemption, reaffirmation, fighting RFS issues), then you may be able to get by with a cut-rate attorney. You then have to look at challenges to discharge (707(b)) challenges if it is a borderline Chapter 7 case or there are issues with how income is calculated. I won't mention the old adage about paying value for something for which doesn't hold such value.

In the end, be comfortable with the level of work -- detailed in the fee agreement -- that the attorney will provide for the amount charged. Of course, be comfortable with the attorney as well.

It's hard, from this end, to even guess because we have not sat down with you for 2.5 hours reviewing all the issues. If it took the attorney 2.5 hours on an initial consult, between the both of you, then I can only imagine that there are issues worthy of a higher fee.

[bcohen]

If you have a complicated case, and/or own real estate or other significant assets which you want to keep, then having a good attorney represent you is not an expense but rather an investment. A less-skilled or inexperienced attorney might charge a lower fee, but if you end up losing property which you could have protected, or have to convert to a Chapter 13 because your attorney could not/would not fight the trustee's "presumption of abuse" objection, then you didn't really save money, right?

(Of course, if you have an extremely simple case, such as the situation of owning no real estate, having no priority debts, and being well below your state's median income, then hiring an attorney is a waste of money. In that case, you would be better off to buy the NOLO book and file pro-se. That's what I did, and it worked out fine.)

[flaguy]

If you have a complicated case, and/or own real estate or other significant assets which you want to keep, then having a good attorney represent you is not an expense but rather an investment. A less-skilled or inexperienced attorney might charge a lower fee, but if you end up losing property which you could have protected, or have to convert to a Chapter 13 because your attorney could not/would not fight the trustee's "presumption of abuse" objection, then you didn't really save money, right?

(Of course, if you have an extremely simple case, such as the situation of owning no real estate, having no priority debts, and being well below your state's median income, then hiring an attorney is a waste of money. In that case, you would be better off to buy the NOLO book and file pro-se. That's what I did, and it worked out fine.)

her case is that simple......mine is not.....CH13 isn't an option for either due to size of unsecured debt ( I am over 3 million, she is 400k ish).......I might go first and we hold off on hers for now ( no one is chasing us, but we can't move forward without wiping the slate clean)

[bcohen]

Right now, while you are both (legally) single is the time to file. Perhaps your fiancée can file for Chapter 7 pro-se, and you can use the money you'd save by not hiring an attorney for her to pay for the legal help which YOU need?

[LadyInTheRed]

Or, she can choose a different attorney.

[justbroke]

Or, she can choose a different attorney.

That! If her case is less complex, she could use a more economical attorney. I would still caution that case complexity of most types (redemption, lien avoidance, over-the-median, etc.) should be handled by more experienced attorneys.

I have witnessed first hand some of the attorneys in bankruptcy cases and not all of them are top notch. When the judges are asking the "pro se" individuals if they are attorneys -- because the pro se individual is much more prepared and on top of the law -- there is an issue. It is true that most cases are simple and pass through without any fanfare (UST involvement, Trustee filing objections). It becomes those cases where there is litigation (contested matters such as objections, redemption, relief from stay motions, lien avoidance, clawback, 2004 Examination) that make them more complex.

[flaguy]

Ladyinthered that was discussed but honestly after meeting with 3 other attorneys in this small city, I would have her go "pro se" and we just rely on "honest people make honest mistakes" and it would be obvious we are giving a "good faith" effort.......because I also agree with you justbroke......toyed with going "pro se" for both of us and if something comes up hiring an attorney but chickened out of that

Ended up agreeing on $9,000 for both of us which is more than I wanted to spend ( cause I don't have it LOL) but if everything goes the way it is suppose then it was the best $9,000 I have ever spent ( I just hate paying anyone upfront in full for anything ( coming from construction and real estate development that is the fastest way to get screwed and at this point in my life I am one paranoid SOB for good reasons)

Time will tell I guess