retainer question

[helpsoneeded]

Hi, we had a phone consultation with an attorney approx. 2 months ago. A few days later we received a retainer agreement from him. We never signed and returned it because we didnt want to file for another 3 months. Well , we will be ready in a couple of weeks. Would it be alright to call him and ask for a new retainer? I want it to be dated for Aug 1st, because of purchases and cash advances we did back in Jan. Some peoople here say that creditors can look at the time that the retainer was signed and not the date you actually file. We just wanted to leave enough time from the last usage of c.c. Thanks

[AngelinaCat]

My understanding is that the lookback period begins from the date you file, not the date you hired your attorney. If that were so, our lookback would start with August 2006! Now having said that, keep in mind that each district and trustee is a little bit different. And while most times the lookback is for 6 months, some circumstances call for a year or more.

[BigJohn]

Interesting question. I hope somebody can answer.

[NowImDownInIt]

According to the FAQ on here, it is from the day you file. I don't think the day you paid the retainer has anything to do with the BK court.

[helpsoneeded]

But do you think its ok to ask for another retainer agreement, since the last one was dated April 10th?

[AngelinaCat]

If you sent it back without signing it, you will need to get another. Though if you get this original one back, I don't think the date on it will make any difference.

[Flamingo]

But do you think its ok to ask for another retainer agreement, since the last one was dated April 10th?

Since you did not agree to retain the attorney after the first visit, you will need to contact his office again to retain him and the date of the retention will be different. The date of retention has nothing to do as to the look back period for your matter. The look back period will be anywhere from 6 months to one year or more, depending upon many factors, from the date you file with the court.

[liz417]

Hi, we had a phone consultation with an attorney approx. 2 months ago. A few days later we received a retainer agreement from him. We never signed and returned it because we didnt want to file for another 3 months. Well , we will be ready in a couple of weeks. Would it be alright to call him and ask for a new retainer? I want it to be dated for Aug 1st, because of purchases and cash advances we did back in Jan. Some peoople here say that creditors can look at the time that the retainer was signed and not the date you actually file. We just wanted to leave enough time from the last usage of c.c. Thanks

Hi,

It's the date you file. I asked this question to my attorney who was 'advising' me to get a new car (mine had 240,000 miles on it) and I was concerned about the cc looking into my paperwork and seeing I bought the car after I retained my attorney. She told me not to worry, our paperwork and conversations don't leave the office

[HHM]

Keep in mind, the look back period is relative.

The hard look back period is the 70/90 day rule from the date you file.

When you get beyond that time frame, one of the relevant facts is when you "consulted" with an attorney and when you "hired" an attorney. But if you are filing a chapter 13, objections are pretty rare anyway.

In any respect, if the retainer is 3 months old, you should update it anyway.

[helpmestartover]

question on the hard look back period and purchasing a car right before filing. how does the trustee or lawyer deal with you going out and purchasing a new car within those 90 days? If you know you are going to file and do purchase a car (take on new debt) will that be brought up by the cc's (because if you are running late on payments, etc paying only min, they have to realize you may file) if they see you bought a car then filed?

[HHM]

The 70/90 day rule is for debts that would be discharged in BK, i.e. charging $2000 for a 42" plasma screen on your Visa and filing BK the next month.

Buying a car is a different issue. Generally, you can buy a car right before BK so long as doing so was reasonable. (i.e. you had an older car, etc).