Paralegal

[MrSmithster]

Am I being ripped off? I was sent to the best BK attorney on Long Island and had to give him $3000 up front. Mine is a little complicated as I own three properties and have two lawsuits pending, as well as having to use the means test as I am over the median.

probably not, seems to be more than usual. and big city lawyer do get more. and if your doing a 13, night even be a good deal

[gowiththeflo]

Its $3000 up front and more if anything is opposed, chapter 7

[MrSmithster]

that is getting up there, but then again, i was quoted(went to 3 lawyers for free consultations) between $2000 and me pay filing/courses and $2500 all included for a simple no asset, pass means test, chapter 7 in the los angeles area.

[justagirl]

Update

Yesterday, I got the draft copy of my BK petition from the paralegal. I've went over it with a fine tooth comb twice so far...and I was horrified to see I didn't give her my address correctly! Of all things!!! I left out a word from the street name. I was so worried with providing the correct info for creditors and personal property that when I submitted the interview form to her I never reviewed my address - one of the first things I typed on there...and typed incorrectly! LOL I sent her the correction, and it has already been taken care of.

Now, it's made me paranoid about the other info. I've been comparing it to all of my paperwork, and I haven't found any other errors...but I'm still going to review it a couple more times just to be safe.

Once I submit my approval, she will mail me the actual BK petitions (including all local forms and BK preparer form), so knock on wood I should be filed by mid next week.

I'm pretty nervous, yet feel relieved at the same time. The calls from my creditors are getting ridiculous. I'm taking the majority of the calls, but if any given creditor calls more than once a day, I will only take one of the calls. More and more are starting to call a couple time a day...what do they think changed from the time they spoke to me in the morning??? LOL I am furious at the one creditor today, as they called my boyfriend's grandfather...an elderly man who literally just got home from the hospital after having open heart surgery. I have no idea how they got his number...I know I never put it down for anything - I don't even know what his grandfather's phone number is!!!! I thought since I'm taking the calls they would ease up some, but they aren't...as more time goes by, they are calling more frequently. Funny enough, the one debt I have with a collection agency is the only one I never hear from! The rest are still with the original creditor, and they call incessantly.

Okay, I think that's everything for my update...and thanks again to everyone for your insight into this whole process.

~JAG

[snrsfn]

gowiththeflow, it does not sound like you are being ripped off because you have a complex case (based on your post). Having the mulitple properties and two lawsuits is a little more complex than a simple Ch 7 IMO.

I am new to the site and have just been trying to read around before posting, I am planning on filing pro se in the next couple of weeks. Am I understanding if you have lawsuits (judgments) then you shouldn't file pro se?

[lrprn]

I am new to the site and have just been trying to read around before posting, I am planning on filing pro se in the next couple of weeks. Am I understanding if you have lawsuits (judgments) then you shouldn't file pro se?

Frankly I would not file pro se unless I had a very simple, straightforward Ch 7. Judgments complicate a Ch 7, so if you go ahead and file pro se, you need to commit to a WHOLE LOT of extensive reading and research to clearly understand the filing process and potential pitfalls plus be able to deal with the judgment effectively when you file. Depending on the judgment, you may also have to petition the court after your bk is discharged and closed to get the judgment vacated.

Start by getting the NOLO book on how to file Ch 7 on your own - it's a solid resource (although not 100% reliable to answer every question accurately because the book doesn't include your district's case law decisions and your local court's and trustee's unique internal 'rules').

You can purchase the Ch 7 NOLO book here - http://www.nolo.com/product.cfm/Obje...51A79/213/161/. Current price is $21.99 + tax for the paperback and $17.99 + tax for the eBook download.

[HHM]

unless I had a very simple, straightforward Ch 7

That is the key, the catch 22 is, most people are not in a position to know if they are simple, straightforward case.

For most, (not all, but most), people, the risk of filing pro se is greater than the cost of hiring an attorney. Most people who file pro se do so for the wrong reasons.

[snrsfn]

That is the key, the catch 22 is, most people are not in a position to know if they are simple, straightforward case.

For most, (not all, but most), people, the risk of filing pro se is greater than the cost of hiring an attorney. Most people who file pro se do so for the wrong reasons.

Thank you, just a little background... Filing chapter 7, under median for means test, have an estimate 20 creditors and 10 yes that's right 10 judgments. Now 3 of those judgments have been satisfied, although the public record does not show this.

I graduated nursing school this year and am trying to turn my life around for the better. I have a child with a medical condition that has hindered me with jobs at times ( although I am in no way blaming my choices in life soley on that). Blah, blah, I am sure it is the same story with all people needing to file bankruptcy.

I originally started out just wanting to make arrangements with my creditors to make payments in exchange for negative information removed from my credit report. I have been pretty successful with some, some not. The reason I turned to bankruptcy is one of the judgments, the most recent, filed in April 2008 and granted April 2009, is garnishing my paycheck. And at 27% interest to boot! I have tried making arrangements with this creditor who claims to be a law office the original creditor gave the account to with no avail. They have actually been EXTREMELY RUDE on the telephone and tried lying to me by saying that once they have the judgment/garnishment, they cannot remove it, "it's against the law" is what the attorney stated to me. I have researched this and that is an outright lie. At that rate, I would never be able to pay off this debt. It has grown $2000 since the order was put on.

I want to do this the RIGHT WAY THE FIRST TIME! I don't want to mess up and not be able to discharge my debts or repay fees that I can't afford. I need to get this done asap also due to the garnishments. I can't afford to pay $1300-$2000 to an attorney to make my case for me and I make too much money for legal aid.

Like I said above, the ONLY reason I am filing is due to this one creditor, most of the others have agreed to work with me or are out of the statute of limitations. Any help/suggestions would be greatly appreciated.

[HHM]

To be honest, you should have filed bankruptcy years ago, you have been throwing money away paying and working with these creditors given your circumstances.

If you make too much money for legal aid, you CAN afford an attorney. Most attorneys will accept some sort of payment schedule to get your fees paid, BUT, the entire fee must be paid before the case is filed. You have been going this long, what is another 5-7 months to incrementally save for your attorney fees. Generally, when someone who cannot qualify for legal aid says they "cannot afford an attorney", (and sorry for being blunt) means they just don't want to put in the effort and sacrifice to do so (granted, the garnishment makes it tough)

Also too, if you are working full time and a have a child with "needs", you do not have the time to try to figure out BK.

[snrsfn]

To be honest, you should have filed bankruptcy years ago, you have been throwing money away paying and working with these creditors given your circumstances.

If you make too much money for legal aid, you CAN afford an attorney. Most attorneys will accept some sort of payment schedule to get your fees paid, BUT, the entire fee must be paid before the case is filed. You have been going this long, what is another 5-7 months to incrementally save for your attorney fees. Generally, when someone who cannot qualify for legal aid says they "cannot afford an attorney", (and sorry for being blunt) means they just don't want to put in the efford and sacrifice to do so.

Also too, if you are working full time and a have a child with "needs", you do not have the time to try to figure out BK.

Thank you again and you are correct, i should have filed years ago. As for my previous statement about not being able to "afford" and attorney, the reason is due to the garnishment! And waiting another 5-7 months is not going to put me anywhere but out on the street due to nonpayment of rent and utilities.

[justbroke]

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[music12]

judgments are pretty much the same as any other debts. you'd list them in your petition exactly the same way as the other debts. the tricky part would be taking your bk petition to your HR office and getting them to stop the garnishments. they should stop garnishments immediately when they learn that you have filed bk, but they are human and could take some time.