Met with my first attorney. Not sure what to think.....

[Dirk Squarejaw]

I really, really liked the guy and what he said until the end of the consultation. He and his legal assistant sat with me and both they and I asked and answered plenty of questions. Both were really friendly and down-to-earth. Many of the questions that I asked I already knew what the answer should be from what I have researched both on here and on other sites.

However, what really caught me off guard was at the end when he told me that he has had people with plans as low as $75/mo. I then got on PACER and checked out some of his cases one he had proposed $50/mo and the final approved payment was $200/mo. Another one he initially proposed $75 and the couples payment went to $400-some dollars. The documents for that same couple showed that they would pay $75/mo for 3-4 months and then when the amended plan was put into place, their payments went up to $400+/mo.

So, is it normal for a lawyer to propose an absolute low-ball number that has a snowball's chance in hell of being approved by the court? I can't see the court ever taking a $25 or $75/mo plan. His rates also seemed high as he wanted $2000 + $100 home appraisal up front and the rest was in the plan. What do you all think? I really like the guy, but the money he wants up front sounds high and the low-ball plan payments and multiple trips to court for amendments bother me.

I have two more appointments. One today and one on 3/21.

[car67]

Yes get several opinions Your doing the right thing Also if you can see in Pacer I would pick the attorney who has the most cases filed last 90 days as they know the ropes and what to expect from trustee for a smooth case.

[Dirk Squarejaw]

I was checking PACER until I made a mistake and ran the bill up. I was checking an area bankruptcy lawyer that I have an appointment with on 3/21 and forgot to check the "OPEN CASES" checkbox and got charged for 247pgs dating back to the mid-80's

[car67]

$19.76 could have went to debt

[woeisme]

I don't think the trustee ever takes payments less than $100 per month. You should ask that attorney what his cases get confirmed at, not what he proposes. I would say that starting low and negotiating is a good thing if that's what the local trustee does, always negotiates for a higher payment. But if the trustee doesn't typically negotiate for higher payments, just does that for lawyers who propose unreasonably low paybacks, then your attorney might risk ticking the trustee off by his constant lowballing and eventually someone (maybe you) will pay the price when the trustee has had enough of his shenanigans.

[Flamingo]

Just a comment as to your attorneys fees question. To give you an idea, we filed Chapter 13 in 4/02 before it was less complicated than it is now after the new law went into effect in 10/05. Our total fee was $1800 in 2002. We had to pay $1200 up front and $600 into the Plan. Most lawyers raised their fees when the new law went into effect and many stopped doing BK's due to the extra work involved. Your fee is not outrageous for a Chapter 13 although when one is in dire straights it's a lot of money when you don't have any. We had to borrow the money from good friends of ours who came to our rescue and we paid them back in full and with interest in a a few years although they were in no rush. We did not want to use a cash advance for the filing fee - it would just be more debt.

[Dirk Squarejaw]

Its not so much that I thought his prices were rediculous, but after reading about other people's experiences I had the idea that most would charge closer to $1000-$1500 up front with more rolled into the plan whereas this lawyer was asking for $2k up front and $1500 in the plan.

[MajorMike]

ours was $400 up front and $1200 in the plan...but then again, you get what you pay for!!!!!

[Flamingo]

Its not so much that I thought his prices were rediculous, but after reading about other people's experiences I had the idea that most would charge closer to $1000-$1500 up front with more rolled into the plan whereas this lawyer was asking for $2k up front and $1500 in the plan.

__________________________________

Nothing is cookie cutter when it comes to filing bankruptcy, especially Chapter 13. What happens to one does not happen to the other.

[chpxiii]

Flamingo is right. My 13 in 2003 cost $2000 and all of it was rolled into the plan.

[woeisme]

My CH 13 cost $3000 and I paid $575 up-front with the rest rolled into the plan. The cap of fees is often set by the local trustees, and vary widely from district to district. It also depends on your area as to how much can be rolled into the plan. The lawyer wants to make sure they get their money (after all, you are filing BK, showing that you have financial problems, so is smart for them to be wary or rolling everything into a plan that you may stop paying on before they get their $!)