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Pro Se vs. bad attorney

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    Pro Se vs. bad attorney

    Last night I had my free consult with a local ch. 7 bankruptcy attorney. I had another one with an attorney who canceled so I suppose it was a case they didn't think they were going to make much money on (their fee was $1,700 total).

    Last night's attorney told me 2 things flat out wrong. One is the max exemption amount here in Florida. The second was that a letter I got from a credit card company meant I've got a judgement against me and about to be garnished. I left there scared to death and past upset.

    After a lot of research, I figured out the letter was just a sleazy legal looking document to get me to sign my rights away. I've never received a summons from that company.

    The attorney just kept trying to get me to give them a retainer and hire them.
    In fact, after reading the Nolo book and other stuff, I'm very possibly not even going to qualify for ch 7 based on my Sch I income and Sch J expenses going forward.

    The attorney assured me everything would be fine if I just hired and paid them their $1,500 over 3 to 4 months. My problems would be solved but they never even looked at my details. Another important detail they avoided is that I do have one summons I've answered and am on a time limit to get this filed before the court date in about 2 months. And of course my car value is substantially higher than the $1k exemption here. I kept asking about this stuff but kept getting the "just pay us and everything will be fine" answer.

    In summary:
    I'm a dead broke but reasonably intellegent person. I definitely think I'm better off pro se. I know this was just one attorney but I can't afford any attorney at this point anyway. I am SO GLAD I've learned as much as I absolutely could in advance! It really helped that the middle district of Florida bankruptcy court has all the forms and some other useful stuff on their website, too.

    The whole terrifying court hearings with Capital One who is suing me is starting to look better and better!

    #2
    Sometimes, speaking to just one attorney, could make you want to run and do it yourself. But do yourself a favor... talk to 3-4 more before you dive in head first.

    You were probably talking to a Bankruptcy Mill... defined as a company that just pushes through bankruptcies in a "no-look" fashion. They perform huge volumes, usually file all their cases for the "month" at the same time (so as to have everyone at the same 341 Meeting), and don't do "extras". You owe it to yourself to shop around.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I say if you are a reasonably intelligent person as you say, and you have the patience to research bk....then go pro-se.

      I interviewed tons of bk attornies and didn't feel good about a one of them. I wanted to but my gut said NO.

      I took a year to research and plan my bk and it turned out fine.
      Filed Chapter 7 Pro-Se May 29, 2008
      341 July 1, 2008
      Discharged September 4, 2008
      Closed November 10, 2008 :-)

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        #4
        I joined BK Forum and bought NOLO in Dec. I worked on it for about a month and a half and filed early February. I am intelligent and thorough and I had no problems. Unfortunately, there are a few things I would have changed, but I would have known what to do with the use of a skilled attorney (not just an average one). I'm much better off having filed pro se as an attorney could have saved me about $500, but would have cost a lot more than that.

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          #5
          I filed pro se in fl middle district. The trustee will try to intimidate you saying you need an attorney, etc. The hardest part is getting your plan together if you file 13.

          Comment

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