Something Wrong Here??? Or is it me??

[lilgoose]

There is always more questions than answers....It is really sad that we have to go to each other to have our questions/concerns addressed when we should be able to pick up a phone and ask a knowledgable person. It is sad that you can't ask a lawyer without the fear of throwing up a red flag.

Every case is different, but shouldn't there be an anonymous 800 (toll free) number provided so that you can address your concerns? It would help out a bunch!

It is like this time line. I know that our atty didn't tell us a third of what I have read on here that could happen. I didn't know that our "meeting" was actually a 341 meeting. So, it took me a little to figure that one out. I thought we missed a step in this process. We were not told that there would be another chance for creditors to come forward if there was a surrendered refund amount. Now, that has added time to a time line that we are lost and confused over. We didn't know that that would turn us from a non-asset to an asset case.

Please don't get me wrong. I am enjoying the chats and questions and concerns that have been addressed and the offers to help that have been given. You are like a big brother/big sister and best friend all rolled up in one! Well, I can add Dear Abby/Ann to that list also.

It is nice to know that you can go somewhere that people accept you and are "there for you".

I AM GLAD THAT EACH AND EVERYONE OF YOU ARE HERE!



Here's to the rotten system that put us here!

[SinkingFast]

AMEN!! Lil!!

Attnys don't tell us a drop in the bucket of what we really need to know to get thru this process.

I have a friend who filed 20+ years ago. I've asked her all kinds of questions. Most of which she can't answer. They didn't research any about BK. They just got together the docs the attny wanted. Did what he wanted when he wanted. Didn't ask questions. She said they were young and dumb.

They got really really lucky. They opened a phone book, looked at attny ads, picked one and went with him. No multiple Consults with other attnys getting other opinions or anything. Turns out they not only got a good attny, they got a decent, honorable, "christian" human being. He took them straight thru a Ch 7 with no problems at all, no lost assets, no time extensions for further examinations, no handing over the income tax refund check. Nothing. In and out clean.

Thank Goodness for this Forum. For the info that's shared in the support given. It truely is a life line.

[Minnymouth]

We pay attorney's for their expertise in bankruptcy...... what do we often get......NO ANSWERS.........
They fail to mention all the "little things" that might happen - because they will make extra money off these if they do happen!!
They offer no info and are not really interested in what we do know.....
They don't like questions and are short with answers.....

Soooo, basically all they are hired for is to file the papers and appear at the 341 meeting.....

Big difference since the new laws went into affect..........

NOW THE ATTORNEYS ARE HELD RESPONSIBLE for their actions, what they file in your petition, etc..... Their liscense is on the line now...

They are supposed to advise you, now they are forced into it.....

When I pay $1000 to $1500 for an attorney... I expect him to do his job, answer my questions, and work in my best interest.............. Not just line his pockets with my money!!!

I'm really glad to see that the laws have changed to hold the attorneys accountable..... too many have screwed over clients and walked away (mine included)........

And YES, I think this form holds a lot of information that people filing bankruptcy need to know.......... to protect their own interest.

Fear of the unknown can cause panic............... Knowing what's going on you can deal with it with a clear head and wise decisions....

Finding this forum was the best thing that happened to me during my bankruptcy..............

The information available, the suggestions from great people, and the concern and well-wishes from strangers, helped make my bankruptcy so much easier to deal with...

[SinkingFast]

I don't know, Minny.

I think all the new law did was make attnys verify the info they are signing off on is accurate.

One attny told us it took no time at all to file. If we had handed him our docs at the Consult, he woulda entered all the data that night, and had the BK petition ready for us to sign the next day.

All the other attnys have said it will take a month to 6 weeks for them to verify all the info we give them.

That's with us handing them 6 months pay stubs, 6 months bank statements, 4 years of income taxes and W-2's/income statements, records of property transfers in the last year, a copy of our Credit Reports, several months statements from all our CC's and other debts, etc, etc, etc. We do the leg work, they just have to verify.

They still don't answer questions. Every one. EVERY ONE! I specifically asked about the truck. What would happen to our truck. I'm no dummy. I know we have too much vehicle value for the exemption allowable. Not one straight answer. Since they won't answer my question, my gut tells me there's a problem there. That's a simple enough question. All the attnys knew we were gonna owe taxes. I know that Trustees make deals. Maybe we could get a deal. Even if we get offered a deal, we don't have the money to settle. I don't wanna risk it. We owe the IRS big bucks. We can sell the truck, pay the lender, and hopefully have enough money to pay off the IRS.

But still, it's irritating, like Minny said. We are paying them to represent our interests. Why don't they just tell us what will likely happen and let us decide. Instead, Noooooo! We gotta play a sneaky game of "Grease The Trustee's Palm."

[StaciMM]

Hey Lil, it will be ok!

For all practical purposes, your case is finished. Your debts are discharged, so it should be ok to start thinking about tomorrow.

[Minnymouth]

Sinkingfast,
Now attorneys have to verify what is in your petition and if the trustee finds it incorrect the attorney can be fined by the court.....

Before, attorneys just grabbed the info and filed it.....few really looked at it................

Had my case been taking place now - my attorney would have had a "lot of expainin" to do the the Court........... for the position he put me in......... My attorney never even looked at the title... Had he, he would have seen my name wasn't even on it!!!!!

[bkadv]

I think I said somewhere else on this forum just how misinformed or uninformed the debtor really is. I mailed our tax return information to our attorney and discovered that he's closed down his local office and re-located seventy miles away. Who knows where my tax papers are now, as the attorneys office said they've not received them. Attorneys should be held much more liable than they currently are.

[SinkingFast]

Sinkingfast,
Now attorneys have to verify what is in your petition and if the trustee finds it incorrect the attorney can be fined by the court.....

Before, attorneys just grabbed the info and filed it.....few really looked at it................

Had my case been taking place now - my attorney would have had a "lot of expainin" to do the the Court........... for the position he put me in......... My attorney never even looked at the title... Had he, he would have seen my name wasn't even on it!!!!!

At least it's making some of them more careful. I know that one didn't give a Rat's A$$ what he filed. He was after money. The quicker the better.

At the time we saw him, it was earlier on. I wondered why all the others were taking so long if this guy could do it so quick. So I asked another attny during a Consult. He's the one that explained the verification. Even tho we hand him everything he needs, he's gonna double check on us to be sure it's right before he signs his name. He doesn't wanna get fined.

[FilingOnMyOwn]

I learned WAY more by filing pro-se than I would have using an attorney. I would have been completely in the dark had I used representation. Thanks to everyones help here, I saved the money and was better off.

[lilgoose]

Okay, I have just seen the weirdest commercial ever! I was going to start commenting and sharing thoughts when "All Night Long" by Lionel Richie. It was a commercial for Mountain Dew's Energy drink. It was done in dark with the moon and all the animals were glowing green. Then they just had to show the animals, (bats, mice, owls and more) singing the song!! Okay, it was funnier when it was on TV......

So, back to what I was going to say....if I can get my thoughts together again.....

Well, it has lost me...But, I think that it is really wrong that there isn't something done to help make this an easier process. What is wrong with the system is not so much the people who abuse it, but the people who are even worse off AFTER they have filed! Both financially and emtionaly.

I think that these people should live thru the same time frame and process that we who have filed must live thru. I bet they will change things real fast!

You all are so wonderful! This is a place that we can come, take our shoes off and be among friends!

[edwards2]

lilgoose I love your description of this forum...a place where you can take your shoes off....

[lilgoose]

Thank you!

It is so great to know that there is somewhere that you can turn to and don't have to worry about being judged!

We get way too much of that from "those people" and we need to have a support group that we can always turn to no matter what time of day it is......

I will continue to kick off my moccasins and put my feet up, and share with you!

I feel so bad for some who are having such a stressful time with all this. I don't know how some are going thru this without the help of all of you! Wish we could invite all of them over.

[lilgoose]

Filing...

My hat is off to you for taking the plunge on your own...I would have been scared to death to try it on my own!

[Lesa13]

As someone who has worked in the legal profession for over 15 years, I will confirm that BK attorneys are getting WELL paid for what they do. Filing and paperwork are 100% computerized nowdays - you put the info in provided by the client and the software does all the work. Most everything is electronically filed with the courts - another time and money saver. So in my mind, the attorney has had about 95% of the grunt work taken off of him by technology, alone (not to mention his secretaries) - he should be earning his money by being CLIENT (that's US!) oriented - helping, offering good, practical advice and being AVAILABLE.

In the olden days when everything had to be typed on typewriters (matrix, forms, etc.), yes filing BKs were time and labor intensive (and a pain in the butt, I know from personal experience), but no more. So what burns me up the most is the continued lying about things like "it takes weeks to file the paperwork" that folks are told, as well as the total lack of a customer service attitude by these BK attorneys who apparently feel it's fine to get paid for doing very little legitimate work.

Since I am in the legal field, you'd think I'd (a) know better and (b) be able to get a better BK "deal", right? NO WAY - I'm in the same boat as everyone else - dealing with an attorney who has a reputation as "the best" in the area but not able to speak with him or get a straight answer out of him. Confused and scared about what will happen. Not sure if I have done the right thing, etc.

Lilgoose has a great idea - we should all donate $5 to start a business that is the "bankruptcy answer line" - all 50 states, 1-800 number. We could charge so much per call and let people ask as many questions as they like. And give them, straight, honest answers. If these lawyers were smart, that's what they'd do!

[lilgoose]

Lesa,