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1. Paypal question 2. Should I switch lawyers?

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    Question 1. Paypal question 2. Should I switch lawyers?

    So, a couple different questions, the first being pretty simple. Do I need to mention a regular PayPal account in my filing? I don't have PayPal credit or anything it's just linked to my bank account and I have made some payments via PP over the last few months but those also show on my bank statements. I have seen some info online that I need to add it but my laywer's Paralegal (who is the only person I talk to) didn't even know what PayPal is and told me ultimately no they do not need that info.

    That leads to the second question - should I switch lawyers? I'm feeling a mixture of not very confident in them partly due to this PayPal thing but also due to a major shift in communication pre vs post paying them off. Before paying them off they responded to my messages within 1-2 days, but since it typically takes 4-5 days and even then this Paralegal rarely answers the questions I have had but just sends generic emails asking for more documents. It's been a month now since paying off my balance and that's when the total change in responsiveness started and I'm pretty concerned. I have not reached out many times, 2 times by phone and I think 2 by email in this month period and all times were pretty simple questions such as "Do I need to add PayPal" or something similarly simple. But again, it takes forever to hear back and when I do either they don't answer or like the PayPal thing give me info that seems like it could be wrong. I was shocked that she didn't even know what PayPal is?

    My lawyer was very expensive, a 1000 more than any other I priced so even if I were to switch and lose about 700 (which based on our initial retainer agreement is how much would be subtracted from my refund) I would still ultimately even net a few hundred back since the lawyer who I am thinking of switching to is 1000 cheaper. Thoughts on this? If I were to switch what is the process and how long could it take to get the refund and apparently I need Letter of Disengagement or something before I can talk to another lawyer?

    A bit of stuff, any help appreciated thank you.

    #2
    Originally posted by Seren12 View Post
    So, a couple different questions, the first being pretty simple. Do I need to mention a regular PayPal account in my filing? I don't have PayPal credit or anything it's just linked to my bank account and I have made some payments via PP over the last few months but those also show on my bank statements. I have seen some info online that I need to add it but my laywer's Paralegal (who is the only person I talk to) didn't even know what PayPal is and told me ultimately no they do not need that info.
    Im not the expert on this at all and learning, but i would think you do as its an asset. Its just like a checking account so trustee wants to see what it has and what activities have been on it.

    I searched the RECAP project which has collected real bankruptcy filings. I searched for arizona (your state right) and 'chapter 7', then 'paypal' to search within the results. Here are the results it shows. You can read the pdfs to see how others have filed... be sure to check the dockets as well

    https://www.courtlistener.com/?q=pay...%207&court=arb

    you could expand the search for chapter 13 as well

    Comment


      #3
      Originally posted by bornfree2 View Post

      Im not the expert on this at all and learning, but i would think you do as its an asset. Its just like a checking account so trustee wants to see what it has and what activities have been on it.

      I searched the RECAP project which has collected real bankruptcy filings. I searched for arizona (your state right) and 'chapter 7', then 'paypal' to search within the results. Here are the results it shows. You can read the pdfs to see how others have filed... be sure to check the dockets as well

      https://www.courtlistener.com/?q=pay...%207&court=arb

      you could expand the search for chapter 13 as well
      Thanks for posting this, I have realized after reading through some of these and also re-reading the paralegals email to me in reference to PayPal that she did understand what PayPal is, but asked if I have credit through PP or just use it as a payment source linked to my regular bank, which is the case. When I responded saying just linked to my bank is when she said they don't need that info. Unless I missed something, all the petitions I looked through in your search listed either PayPal credit or an actual PayPal business type checking account. Regardless, I will bring this up in detail when I have my signing appointment with my lawyer and really inquire heavily into it. I appreciate you providing this info.

      Comment


        #4
        Originally posted by Seren12 View Post

        Thanks for posting this, I have realized after reading through some of these and also re-reading the paralegals email to me in reference to PayPal that she did understand what PayPal is, but asked if I have credit through PP or just use it as a payment source linked to my regular bank, which is the case. When I responded saying just linked to my bank is when she said they don't need that info. Unless I missed something, all the petitions I looked through in your search listed either PayPal credit or an actual PayPal business type checking account. Regardless, I will bring this up in detail when I have my signing appointment with my lawyer and really inquire heavily into it. I appreciate you providing this info.
        Well myself i would list it as part of property in form 106 - schedule of property , line 17 Deposits of Money.

        I expanded the search to show filings in California, and this person came up. The concept is the same across states.

        https://www.courtlistener.com/docket...-marie-lowery/

        See here how they filled out a paypal account (not credit card with them) on page 12

        https://imgur.com/a/zaFDf79

        So you basically have to declare everything you have even dormant accounts so the Trustee cant say 'aha what about THIS account we found'.

        Again, im no expert im doing my stuff pro se as a dry run right now to learn about the process.

        Btw: you can do attorney search on that site as well as general keyword search. Why not put the name of the paralegal or attorney office and see if they come up. You may find some petitions they did and how they handle things (be sure to check 'pdf' to actually see it). The site doesnt have everything...it sort of 'scrapes' stuff from PACER as a free alternative for 'we the people'.

        Lastly, keep in mind YOU ultimately sign off on the petition. Thats why at the 341 they ask you questions like 'did you sign the petition, is there anything you would like to change'. So be firm in what YOU want and need.

        Comment


          #5
          Originally posted by bornfree2 View Post

          Well myself i would list it as part of property in form 106 - schedule of property , line 17 Deposits of Money.

          I expanded the search to show filings in California, and this person came up. The concept is the same across states.

          https://www.courtlistener.com/docket...-marie-lowery/

          See here how they filled out a paypal account (not credit card with them) on page 12

          https://imgur.com/a/zaFDf79

          So you basically have to declare everything you have even dormant accounts so the Trustee cant say 'aha what about THIS account we found'.

          Again, im no expert im doing my stuff pro se as a dry run right now to learn about the process.

          Btw: you can do attorney search on that site as well as general keyword search. Why not put the name of the paralegal or attorney office and see if they come up. You may find some petitions they did and how they handle things (be sure to check 'pdf' to actually see it). The site doesnt have everything...it sort of 'scrapes' stuff from PACER as a free alternative for 'we the people'.

          Lastly, keep in mind YOU ultimately sign off on the petition. Thats why at the 341 they ask you questions like 'did you sign the petition, is there anything you would like to change'. So be firm in what YOU want and need.
          Helpful info thank you

          Comment


            #6
            Originally posted by Seren12 View Post
            So, a couple different questions, the first being pretty simple. Do I need to mention a regular PayPal account in my filing? I don't have PayPal credit or anything it's just linked to my bank account and I have made some payments via PP over the last few months but those also show on my bank statements.
            This reads to me like you use PayPal to buy stuff online, and fund each purchase with money transferred from your linked bank account. If this is correct, then there is no money kept in your PayPal account, which means the PayPal account is not an asset or debt, and does not need to be mentioned in the context of bankruptcy. The only time one would need to mention their PayPal account in bankruptcy is to list it as a debt (if PayPal credit was used) or to list it as an asset (if they have sold items and have proceeds from those transactions in their PayPal account).

            Comment


              #7
              Originally posted by bcohen View Post

              This reads to me like you use PayPal to buy stuff online, and fund each purchase with money transferred from your linked bank account. If this is correct, then there is no money kept in your PayPal account, which means the PayPal account is not an asset or debt, and does not need to be mentioned in the context of bankruptcy. The only time one would need to mention their PayPal account in bankruptcy is to list it as a debt (if PayPal credit was used) or to list it as an asset (if they have sold items and have proceeds from those transactions in their PayPal account).
              With respect, this analysis sounds very fishy and iffy. But what do i know...shrug

              Comment


                #8
                I listed my PayPal account just to be safe (like yours, mine is linked to my bank account and I mentioned that on the paperwork).

                Comment


                  #9
                  Update:

                  During the signing appointment my lawyer did want to put the PayPal account on my active accounts section so we just listed it there with 0 balance. Same thing with a TD Ameritrade account I have a 0 balance on and no current stocks or anything.

                  Comment


                    #10
                    Originally posted by Seren12 View Post
                    Update:

                    During the signing appointment my lawyer did want to put the PayPal account on my active accounts section so we just listed it there with 0 balance. Same thing with a TD Ameritrade account I have a 0 balance on and no current stocks or anything.
                    sounds like you did their job for them ...

                    Comment

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