Gambler saw different atty

[mar]

Hi Everyone
Here's an update from my other post about the gambler. Thanks for the support last time, and hopefully I can get some feed back now.
This experience was not great. I can't say he was rude, but he wasn't nice either. (I know that's not his job though). In the end this guy just said "let me know if you want to file or not". When I asked his advice, he said "it's up to you". I guess I got what I paid for..lol.

He seemed bored with the whole process. When I explained all this debt basically from oct/Nov of 04 due to gambling, he looked at me like I had 2 heads (if i had 2 heads maybe one would have had enough sense to stop before now!). I drove 45 min. to see him, and feel I could have gotten that advice from a legal secretary!

Here's a question: What happens if I use a different atty, and he ends up being my BK trustee? I don't feel I need to go 45 min. for what he has to offer. At least, he didn't instill any confidence, and when I asked a question he had already covered in his presentation, his response was "I just told you that. It doesn't matter how many times I tell you, it won't change". Ya know, sometimes it just takes a moment to sink in!!

I now want to see ANOTHER atty. I'll be going through all the atty's in my area if not careful!!
I saw one who pushed me off on an associate who had to keep calling him back to ask Qs (didn't hire him).
Saw another one who told me it didn't matter when I used my CC, how much money I pulled out of my bank acct., didn't need receipts- but I needed to file "TODAY" so I could get in under the new deadline (knew this wasn't right so there goes another one!).
Went to see one who only let me speak to an aid, and then wanted $100 for the "consultation". The aid also told me nothing mattered and when I asked to consult the atty first, she said I didn't get to see the atty until the 341. Didn't pay and left that one (didn't tell me there was a $100 fee until after the "consultation").

And last but not least, the one I talked about in my other post, who told me one thing and then emailed me reversing everything. Don't think he's the one either.

HELP! Am I crazy, or what? Please tell me I am not the only one with this track record. OR am I just looking to much?
Good, bad, or otherwise, please tell me.

[AnnieG]

I am using Price Law Group and have been extremely happy with them. They are not located in my state, so all my meetings have been via phone and email. Their attorneys are licensed in my state and they will provide a lawyer to go with us to the 341. At the very least you could get a free consulation. you can find them by doing a Yahoo search for Price Law Group.

[Minnymouth]

OK,
Talk to 3 attorneys (only ones that deal in BK). Many use paralegals in their office to explain process before you see the actual lawyer. Only choose ones that offer free consultation......others are greedy!!!
Make you a list of questions you wish to ask. Be aware that most lawyers will NOT tell you to file or not to file - (that's your decision) - they will only tell you which chapter you qualify for.
You said you asked one of the attorneys the same thing twice and he called you on it. Mine did the same thing - he told me we've already discussed that and I gave you the answer. And really the question I asked - he couldn't answer because he's not the trustee in charge!!!! He did give me a "worse case senario" on some things. Others he said - "no problem - it will be included in BK.
When your "nervous" you don't listen very well and have a tendency to repeat yourself.
When your lawyer says "don't be concerned about that" - DON'T BE....
If your gambling debt was from money borrowed from cc -then it will probably be considered unsecured debt normally and written off.
Certain things your lawyer cannot answer for you - like whether any creditors will "object" to the BK. Only time will tell on that issue.
Really all bankruptcy is a list of all your debts presented to the court requesting that you be relieved of them for a "fresh start in life". All unsecured debts are written off and secured debts are then decided. Any assets you have that are not exempt may be taken, sold, and funds dispursed among the secured creditors.
The trustee looks at all the paperwork, hunts for disposable assets, and presents it all to the courts. The judge rules.
Be patient, listen, take notes at consulation.
Many questions we "think" are important are really foolish ones when it comes to BK. It's really black/white - they will either write it off or they won't.
Hopefully you will qualify for a Chapter 7. I hope so in your case to relieve you of all the gambling debts and give you a new startin life.
This forum has a great deal of information available to you on it. Take the time to sit down and read a bunch of the threads and you'll learn a lot.
You'll also learn that lawyers do not get "personal" with their clients. Your case is just like everyone else's - "It's Just Business"!! Your lawyer is just your "paper pusher" for legalities with the court.
LOL - MY LAWYER WISHES HE HAD NEVER LAID EYES ON ME AND THAT I WOULD GO AWAY..............
He's looked at my face for 14 months now in a Chapter 7.
(not a normal case, either). And believe me, I stay one foot in front of him on everything. I catch him with his "pants down" so to speak all the time. When I know there is a "hearing" and HE DOESN'T KNOW - WHY NOT???? HE'S MY LAWYER!!!!
So hang in there, find a lawyer your comfortable with, listen to what he says, get it filed before the deadline, and relax......
Hopefully it will go quickly, smoothly, and be over real quick for you....and you can get on with "living a new life".

Sorry didn't mean to be so windy,

Minny

The court is not interested in you "repenting your sins"....so to speak. And most lawyers aren't either!!

Its really very basic, you take your paperwork to the lawyer, he files it, trustee goes over it (looking for disposable assets and objections from his creditors), trustee files his report for the court, judge rules on it, and your case is discharged and closed.
Remember the trustee is court appointed to represent the creditors so he does answer to the judge also, just like your lawyer does.

PS. My opinion is based on "experience only"............

[mar]

Tell it the way it is, Minny

Go Girl!! You are so right- and I know it, but boy- it's just so hard to swallow!!
You'd make a good Gamblers Annonymous sponser- hard core with love!!

He said they may look at some of the charges as fraudulent because I bought gift certificates with the cc and then cashed them in for cash to gamble with. (Not since about the beginning of March, and the only way they would know that is if he told them that's what I did). He also said they're looking hard at cc busting (? something about charging up your cards and then filing BK). He scared me when he said if the creditors contest the discharge, it would cost 7000-12,000 $$ to fight it. (If I had that, I would be dealing with them or paying something off). He said I should have been paying minimums on them until I filed, but it's to late now since I haven't paid since June. (I quit when this other guy told me in June to quit and save the $$ for fees, etc.)
Thanks for the reply.

PS: Do you know what will happen if I don't use this atty, and I get him as a trustee? Would he have to give it to someone else since I saw him in his office?

[HHM]

If you hire an attorney and that attorney is randomnly selected as the bankruptcy trustee in your case, the trustee would have to recuse himself AS THE TRUSTEE, and should still be able to represent you. It would be a serious conflict of interest if the trustee recused himself as YOUR ATTORNEY and continued as the Trustee in your case.

I wouldn't worry about it.

[hhou812hh]

Mar, the legal fees of $7k-$12k to fight it is true, but the reason that most creditors don't dispute bk filings is that they would have to pay you back those atty fees if the judge rules in your favor. As far as what you spent your cc cash advances on doesn't really matter since they encourage you to "live richly" and use it as well as using the convenience checks they send us all daily. What does matter is the length of time from when you used it and how many payments you made before you filed. If you had well over six months of making some payments and not using the credit you "should" be ok for a ch7 since the burdon of proof is on them now.

PS. I'm going by whatever research I have done. I wouldn't take my advice over a lawyer.

Good luck!

[mar]

Thanks so much!

Do you think this atty could have TOLD me about that? (getting $ back if not found in their favor). Certainly could have made a difference in how I felt!!
Thank you so much for that explaination- it certainly makes sense!!
I had no intention of any of this happening, so as far as my motives, they were honest- but like a friend says- there are a lot of people with good intentions in jail (not that I think I'd go to jail). I guess the worse is they get a judgement, and get a part of my meager SS.
Does anyone know if you have your SS attached, how much can they take every month until it's paid?
I feel so much better knowing this. I was afraid I would be out more than I owe defending myself!

[edwards2]

Good grief there must be a shortage of decent attorneys in your neck of the woods! I totally agree with Minney. Even though you have an attorney you will be the one affected by the BK. Do your homework and your research. Lawyers(as you sure know) are not infallable. I have done as Minney has and read posts from you guys and others on another forum. I have learned a lot. In fact when my lawyer was reading something from one of his law books I thought to myself I already know about that....I hope you find a good lawyer soon - they are out there. Good luck...

[Miyamoto]

Do you think this atty could have TOLD me about that? (getting $ back if not found in their favor). Certainly could have made a difference in how I felt!!

I'm not sure if this is the case for all types of court cases, but I know quite a few types the defendent is eligible to recoup their legal fees if they win. I believe it is a check put in place to help defend against all the frivolous lawsuits as you'll think twice before filing a lawsuit you stand a good chance of losing if you have to pay the defendent's legal fees also. Unfortunately it seems many lawsuits these days are simply a battle of attrition with the winner being the one who still has money left for legal fees, or more accurately the true winner is the lawyer.

Even types of cases involving no money it is sometimes possible to do so. For example a few years ago I filed a complaint against my employer with the National Labor Relations Board for discriminating against me for being in favor of unions. I was being harrassed, spied upon and received a counseling notice for abusing sick time when I had only used 4 hours in an eight month period and still had over 23 hours accrued all because they didn't like the union yes sticker they spotted on my personal toolbox. I wasn't after any money, all the NLRB was requiring was them to stop that type of treatment, remove the counselings I received as retaliation for my beliefs and post a notice of our rights under the NLRA of 1935. They fought hard because they are so terrified of unions and it almost made it to a hearing in front of a judge who would have had to fly in from D.C. and was extremely unhappy about the whole situation since no money was involved. In their rebuttal they requested to be compensated for all legal fees they spent by hiring two lawyers from the #3 firm in the area to fight me which is their right under the law if they would have won, thankfully it got settled just before the hearing was to take place and they finally posted the notice minus the one sentance that was the real sticking point that would have made them admit to having to remove those counselings and stop further harrassment. They would have spent close to $10-15K the government lawyer told me if it would have gone to the hearing which is why they were so anxious to get reimbursed, but odds are they would have lost anyway and my net costs were only time, gas and frustration.

Well back to your problem, I contacted my state bar to get a referral and ended up hiring my lawyer on the spot after the initial consultation which was free, but mentioning the referral would have limited it to $20 otherwise. I'd suggest contacting your state bar and seeing if you can get a similar referral or ask around on forums or anyone you know who filed. I contacted my lawyer with a few questions before hand through e-mail along with one other and the other I contacted with 3 questions only answered 2 with one being rather vague. The other lawyer was more expensive most likely due to the occasional local TV ad and had very little experience compared to mine with IIRC over 2500 cases and is a former trustee and current reserve trustee. He confirmed that the reason he can keep reasonable prices is the lack of advertising when I told him I preferred not to hire anyone preying on the viewers of late night TV. I got to meet personally with the lawyer and had a good feeling so decided not to waste time checking out all the others and took a chance. I didn't even meet his assistant until I came in with my completed paperwork a few days later and he looked it over and made copies of my car title and some other papers. I wish you luck and don't give up, from messages I read on another forum you'll have a much easier time with a competant lawyer. It seems many with problems run into them because they didn't hire good representation. Also good luck kicking the gambling addiction, I've thankfully never had to fight an addiction, but I know others who have and it isn't easy.