Question from my initial consult

[JDC76]

Hello all,

I am new to the forum but I've been reading and gathering information from the site for days. I just returned from my initial consultation with an attorney. I had to fill out what appeared to be a short treatise containing my current budget and all my debt secured and unsecured. Well once I sat down he added up what I owed and figured on a calculator and gave me this inflated number as to what I would pay. I was astonisehd to say the least and I asked what about my budget and the allotted expense limits? The reply was "oh that is a comp case and those are scrutinized much harder." I was under the impression that was part of the basis for a 13 was to develop a budget and pay the creditors what was left. Am I totally missing a point here?

[woeisme]

My attorney gave me a ball-park figure at the initial consult (guessed $1000 a month, I ended up at $1100) but yes, until you sit down and run through all the schedules and such, I don't know how he can give you a real number. In fact my lawyer was very clear on the issue that it was just a ball-park estimate, and quite a few things changed before we came to that final #, including adding my husband on as a joint filing instead of separate as I initially planned, and when he "ball-parked" that he was saying $1760 for a joint filing since i could no longer exempt out all my husband's debt payments, but then when she (switched lawyers at this point) did all the paperwork and actually figured it up, and we included every possible expense that we could, it came out to $1100 which was quite a relief. So no, I wouldn't take some guess from an initial consult as the final number you'll have to pay. In fact, even once you submit a plan you can't be sure that the trustee won't change it until after it is confirmed. So if the number seemed real inflated and the lawyer didn't seem to be working with you to get a realistic budget that you can survive 3-5 years on, then go see another attorney. Good luck!

[JDC76]

Thanks for the reply I really do appreciate it. It seems he just added up all the debt and used a percentage and there it was. After I left and was driving home I thought what the heck I might as well keep paying if thats the number I've got to deal with!

[liz417]

Hi there JDC,

My attorney gave me a "rough estimate" of what our payments would be in our initial meeting. It wasn't until I completed the paperwork and did the worksheet/expense sheet, that I realized that I have WAY LESS than expected and could no way pay back the amount she first guesstimated. I just turned in the paperwork this week, so I'll let you know how close she was to her origninal guesstimate.

Good Luck!

[JDC76]

I sat down last night and did the math and realized that the payment amount he gave me is more than i actually pay each month without being in a 13!

[rrockinggramma]

talk to another attorney. Don't just settle on the first one.

[Mark80]

What is the max payback possible outside of court costs, attorney fee's and trustee fee's. I was thinking in a 100% plan you have to pay back all your debt added together, no interest, divided by 60 payments. Then on top add the rest? Can they make you pay more then 100%?