what If you already paid lawyer and now need to wait

[findingawayout]

we paid the lawyer a while back, due to some miscalculations on the lawyers part, in turns out we are over the income on the means test. I have dropped my income, now we wait 3-4 months for income to drop.

We paid the lawyer with a check, will it affect us that we paid lawyer 3-4 months before filing. It will also show that around the same time that drop in income happened. We have not paid cards since august on lawyer's advice.

any input....I'm very confused and worried.
Thanks

[filingin08]

We filed 13 and gave our first check to the atty in January. Finally filed in September. I don't think it matters when you paid and when you filed. Does take time to get all the ppw together. Hopefully others will chime in. Good luck.

[*Veronica*]

It is not unusual for someone to have to wait a few months in order to qualify under the means test. The fact that you paid your attorney several months before your case was filed will not have an effect on your case. Ask your attorney to ease your mind.

[AngelinaCat]

We paid a retainer to our lawyer sometime in August 2006. We paid the rest of the fee in Jaunary of 2007. We did not file until December 28, 2007. So I don't think it matters when you have paid them--just whether or not you still owe them.

[LostinTX2]

Angelina,

Did you lawyer try to charge you more...even though you waited so long?

[AngelinaCat]

No, she didn't. It actually was the incomptence of her office that made us so late in filing.

We were trying for a 13 in August 06, and knew we wouldn't be ready to file before the first of the year. In January, we get a stipend from a Trust that we knew we would have to wait out. So we should have been able to file in July 07, but her good office assistant left, and the replacement was just terrible. Fair communication went to NO communication at all. We had to practically force her to file on the very last working day of the year. Or we would have to wait another six months again. We were being sued by this time.

Needless to say, there were all kinds of errors--some that SHOULD have gotten our case dismissed. But we believe that in the end, our lawyer did help us behind the scenes (the Lawyer and Judges and Trustee Club--they all know each other!) and we got our discharge. We're still dealing with some of the fallout from her errors....

We're just glad that for the most part, it is over.

[AngelinaCat]

Now, I should add that we have an Adversarial Proceeding against us, that if we wanted our attorney to handle it, that would mean signing a new contract, and paying out more money--that we don't have. So we are trying to handle the Adv P. ourselves.

[LostinTX2]

My lawyer is wanting another $1000 to handle our case now because we've waited. I don't think that's fair. If anything, my waiting has made things easier as it's put lots of time between the debts and the BK.

[AngelinaCat]

Do you have your contract? That should spell out what your initial payment was for. I agree, I don't think the extra 1K is fair at all. After all, you are trying to BK because you DON'T have the money.

Yes, the more time you can put between your debts and your filing the better. Had we found this forum BEFORE we filed--or even hired the attorney--we would have been far better prepared and would have come out better than we have. Our attorney gave us practically no education at all in the BK process and what to do and NOT do before filing.

Good luck.

[liz417]

Angelina,
Did you lawyer try to charge you more...even though you waited so long?

We retained our attorney mid May and was suppose to file at the end of July. We have had several $$ issues come up and have postponed the filing, we hope to file by the end of the year and whenever I call my attorney's office to let them know about the $$ payment delay, they are always really nice. I think I would be pissed to find out if they were going to add an additional 1k to the total! Has your attorney even started the paperwork (ours hasn't done anything yet, except taking the creditor calls)?

[LostinTX2]

He hasn't started anything to my knowledge. His secretary said the old secretary started entering into the "system" but that was it.

[tota383]

i'm in a similar situation right now. i was planning to file asap, paid all the attorney fees, and then was told on tuesday i'd have to wait a few months until after my wife is laid off for the income to fall below the means.

i specifically asked if this would incur extra fees and was told it wouldn't. my biggest fear at this point is that a garnishment will begin after my wife loses her job. its going to be hard enough squeezing by on one income let alone losing 25% to a garnishment. this whole process is one of the most stressful experiences of my life.

[DSMnewstart]

I paid mine back in March and we are going to file on Monday.

[imoverit]

For those of you that paid your lawyer way before you filed, did you start telling creditors you have retained a lawyer to get them to stop calling? Or did you just not mention anything to them?

[jktrading]

For those of you that paid your lawyer way before you filed, did you start telling creditors you have retained a lawyer to get them to stop calling? Or did you just not mention anything to them?

I'm not even answering the calls. Let them figure out what I'm doing on their own. After you file, they get notified. Why give them the chance to sell your debt off to the nearest collections office? It looks worse on your credit report later on to have a collections notation.