Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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How to select a BK attny?

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  • How to select a BK attny?

    this is the ch13 section, I so I guess this question is for ch13 , but if one can possibly file ether chapter depending on.... need some guidelines, criteria , tips or hints by which to make a decision in selecting a BK attny...... ASSUME - I do not have a testimony from a trusted friend. BK is so secretive, who knows who ever filed anyway?

    I consulted / had the initial free consultation w/ more than several attnys... now what are things to look for in making the selection?

    They vary by ...
    up front fees, but in our state of IL all ch13 are equal ( $4k)
    solo / bigger practice w/ others on board
    advice after the initial consult
    ch13 payment amt

    I want to choose the one that will most likely yield a confirmation AND w/ the lowest ( and most accurate of course) amt I must pay to crfeditors and the system.

  • #2
    A bk attorney that is experienced would definitely take you through confirmation with ease but wouldn't be able to promise you a payment that you want. it's based on your debt. sorry!


    • #3
      Originally posted by rayrod View Post
      I want to choose the one that will most likely yield a confirmation AND w/ the lowest ( and most accurate of course) amt I must pay to creditors and the system.
      If you are looking for the lowest payment, you would have asked your attorneys in consultation whether the trustee would accept your numbers on expenses like food/groceries, cable/smartphone. memberships, clothing, home upkeep. Those are the types of expenses where the Trustee can say "That's too high" and your attorney would need to establish why those expenses are reasonable and necessary. but ultimately, that falls upon you to give your attorney the infoand justification that is required to justify those expenses.

      As for confirmation, the way you phrase your question, at least to me, makes it sound like you have doubts as to whether nor not you will get confirmed. I'm going to guess that the rate of cases that get confirmed in BK court is a high rate, much higher than say, getting accepted to an Ivy League school. In my PACER research, I've seen cases not get confirmed until one to even two years after filing, which indicates to me that attorneys and trustees do what it takes to establish a feasible Ch 13 plan that gets confirmed. Don't forget that you are paying a Trustee a percentage of your payment for 3 to 5 years (and you will pay them the moment you make your first payment within 30 days after filing), so he/she is motivated to achieve a plan that can be confirmed.
      Last edited by switch625; 10-16-2017, 07:46 AM.
      Filed Ch 13 Fall 2013, 60 month plan


      • #4
        No way to judge some of that ahead of time. Base your decision on demeanor and your impression of their competence. That's all you can do. You want an attorney with whom you can work (demeanor). As for expertise, who seemed to talk about things easily, did they make the effort to make sure you understood what it was they were saying. Chapter 13's are complex and it is impossible to cover everything. Go with your gut.


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