Macey & Aleman......(long)

[CPO]

Hired a Macey & Aleman attorney. Spent about an 1.5 hours with him. He's young, bright and well-versed in procedures here in North Texas, which appear to be in a state of flux as they try to comply with the new law.

There has been a few precedents here within Texas, and the Trustees, Judges and client attorneys are working to streamline the system and act accordingly with the law, while acting on the petitions in a fair and reasonable manner.

We talked about my particular situation, which is typical of most situations.
I had prepared a two inch thick, well organized and accurate binder of all my applicable data. Didn't much work for his purposes, as they use software that does not mirror the many non-official forms used in the NOLO manual.

The NOLO official forms are fine, but the myraid of budget, expense, income and asset forms in the NOLO book are nice, but do not necessarily transpose to a lawyer's practice.

He is fully aware of the confusion and uncertainty of this most absurd law Congress has shoved down our throat.

He assured me that in all reality, things here in Texas have not really changed that much for typical folks like me. Some fraud HAS been reduced, and some advantages have been gained. All-in-all, it's a wash for the average joe.

He confirmed that the collection industry is totally out of control, and has referred me to an attorney to perhaps gain an advantage. It just so happens that his referral is the attorney I have been in contact with previously. He stated that sueing collection agencies has now developed into a fairly new cottage industry, and many budding law students and attorney's are opening offices to hammer them for fairly easy cash. That just about says it all as far as that goes.

Anyway, I'm happy on my choice, I'm paying a very fair price and can fully comply with his requests for data and cooperation. We will be a good team.

Probably will wait until June or so to actually file, as my situation is not as drastic as I had once thought. No need to rush. Most folks around these parts are virtually judgement proof, and most creditors know this. The Texas exemptions take care of this.

So, some of the pressure is off, I can get back to documenting errant collectors and forwarding my "cease and desist" letters with violation recordings to my Chicago based attorney.

Especially NCO, they sooooooooo craaaaaaazy...........

P.S. I sincerely suggest that one obtains an attorney for this process. I'm well educated(MA), worldly(resident of 17countries) and had a habit of living in a violent and life changing occupation(combat military). I'm not a particularly fearful person, nor have the habit of worrying.

I would have completed my own BK previously to the new law, as my situation was pretty straight forward and typical. Well within my capabilities.

The new law has changed that. Even the Judges and Trustees are not completely sure what this process will look like in just six months. Do not underestimate the fact that the legal players involved pretty much know each other, play together and work together. You are not part of their team. Your a customer.

This kind of uncertainty can really cause problems, and when the pro's are confused, then you could get yourself in way over your head. Then the pro's are looking to cover their own butts, and your hung out to dry. It is NOT as easy as filing out the forms in the NOLO book, especially as the system has had to adapt its local rules to comply with the changing picture of precedents.

Get yourself a lawyer. Success is assured.

CPO

[SamanthaJones]

Are you going to continue to use credit until you file?

Am curious since it's a long time before you file, and you must have some financial issues if you felt the need to talk to a lawyer.

[SinkingFast]

There are several legal software programs out there that attnys use to file BK's.

Probably the biggest, most widely used attny software program is Best Case Solutions. Best Case pretty well matches up with the Court's format. Order of Schedules and such.

Your attny told you much the same thing attnys here said. Except for some convoluted grey areas, the New Law isn't really shaking out much different than the Courts and attnys were practicing before.

Most of the people that would have gone Ch 7 under Old Law are still Ch 7 under the New Law. Others that would have been Ch 13 under the Old Law are still Ch 13 under the New Law.

There were and are some folks that fall into the grey area that have to be sorted out on a case by case basis.

Glad you found an attny you feel comfortable with CPO. And that you learned you are not "under the gun" like you previously thought.

[CPO]

Am curious since it's a long time before you file, and you must have some financial issues if you felt the need to talk to a lawyer.

Not sure...what you mean?

I have not used credit since late last year.

I guess you would need to search the site for my sitrep.........

I'm just a military retiree, unemployed after a decade in private employment and credit extended far beyond my means.

And.........I'm fighting collection activity.

I file in probably three months, that's about six months of unemployment/ non-payment to my creditors...........

Regards,

CPO

[CPO]

There are several legal software programs out there that attnys use to file BK's.

Probably the biggest, most widely used attny software program is Best Case Solutions. Best Case pretty well matches up with the Court's format. Order of Schedules and such.

Your attny told you much the same thing attnys here said. Except for some convoluted grey areas, the New Law isn't really shaking out much different than the Courts and attnys were practicing before.

Most of the people that would have gone Ch 7 under Old Law are still Ch 7 under the New Law. Others that would have been Ch 13 under the Old Law are still Ch 13 under the New Law.

There were and are some folks that fall into the grey area that have to be sorted out on a case by case basis.

Glad you found an attny you feel comfortable with CPO. And that you learned you are not "under the gun" like you previously thought.

Sink....

Your right, my lawyer just had his assistant move to another position, so he was slightly rattled about the fact that he needed a new expert on the software.

He never mentioned what software they use, but he felt that with all the data I had on hand, it would be easy and accurate to transpose into a format that they use. No "lost" statements, pay-stubs, appraisals, car registrations, insurance policies, etc, etc.

Those grey areas can really bite one if the Trustees and Judges think you are trying to pull something on them. My attorney told me of a few non-lawyer filers that sought to take advantage of the minor confusion in the new law and it did not turn out well for them. Unrepresented, they paid dearly.

This maybe Ft. Worth, but these cowboy's are not stupid.

I think my attorney and I will fit together very well. I came fully prepared with accurate data and well research questions(thanks to this site and those that participate here), and he greatly appreciated that. My impression was that we would work as a team, together, and do the best work expected in light of the circumstances.

I have no issues paying the man his money.

I highly recommend a good BK attorney, and any search you make to get one will be worth it.

Regards,

CPO

[Hopeless]

This is the law firm I retained (in New Jersey) and got a start when I saw the title because I feared it was going to be a "long" negative story about them :o Glad to hear otherwise. Of course, others didn't have a great experience with them so I realize there is certainly no sure thing, no one-size-fits-all in any part of this bankruptcy experience, including lawyers. I've had some issues with mine definitely and have ongoing concerns. My hope is that after my 341 (April 4...lawdy help me) and all the rest is said and done I'll be able to say I made the right choice!

[petrified]

>>Do not underestimate the fact that the legal players involved pretty much know each other, play together and work together. You are not part of their team. Your a customer.<<

Precisely! I was shocked when I realized that my attorney knew the trustee and the US Trustee - had been involved on both sides of the fence (creditor/debtor attorney). I am not sure if this will be helpful or not.....we shall see.

I would add that everyone making this journey should never just accept something from their lawyer as being gospel - we all need to understand the law and do our own research. I had to help my lawyer understand some of the intricacies that he had never encountered before. It is much like going to the Dr.

Thank heavens for Google!!!! :-)

S

[CPO]

I had read only a few things about Macey & Aleman before I settled in with them...or, shall we say one of their lawyers.

Most of what I read that was negative was the fact that they do require an automatic payment draft from your account...however, that draft can be modified with 72 hours notice.

It's actually written in the contract and it was well explained to me by the lawyer.

I didn't mind, even though I will pay the bulk of my fees in a lump sum just a few weeks from now. Any "automatic" payments will be stopped quickly, efficiently and can even be stopped by me at my Credit Union...should that be necessary.

Once I settle up, the filing will be done on a "best time frame" basis for my particular case.

I think we need to understand that attorney's in BK cases are dealing with SOME folks who, by definition, have little money and/or have been perhaps less than responsible with it.

Myself included, however I got into this position. My job disappeared, something that can happen to any of us at any time and all the while I was foolishly was strung out on credit.

Stupid mistake, costly mistake and I'm not proud of it considering my history.

I accept the responsibility.

I don't begrudge my lawyer wanting his fees either up front or payable on a schedule that affords him some sort of assurances.

I feel like I can sit in his chair abit too, and understand his position.

Otherwise, I have not read either here, nor elsewhere that there were any problems with M&A that were out of the ordinary, unexpected or somehow proved to be "irresponsible" by clients.

I guess any case can have its problems.

I will work to see that I have as few as possible.

Regards,

CPO

[pv34pv3p]

Sounds like our situations,experiences, and temprement are nearly paralell.

And I absolutely agree that the paperwork ain't what we're really payin' for...

It was fairly apparent at my 341, that my Lawyer and my Trustee had previously "discussed" my case...and what might have evolved into a fishing expedition otherwise...never even got to the bait cutting stage...

Must drive creditors nuts knowing that what your not paying them is paying a lawyer to bk 'em...

pv34pv3p(The extra dash of salt in the wound is priceless...)

[demismom]

We hired them and at first were VERY unhappy with the fact it didn't seem they were doing ANYTHING! Turns out some idiot put our checking account number in their system wrong so they didn't get their money. Once that got fixed, the ball has been rolling smoothly ever since. Mind you I haven't gotten the petition to actually review, but she said it was almost done and I should have it late this week or early next week. I'm happy with them, for now.

[lisac77]

CPO, thanks for posting this information. We are filing later this year and I would like to interview some more lawyers before we settle on one. We are in N. Texas as well.

[CPO]

lisac77,

PM me if you would like. I will pass on any info I have.....

Regards,

CPO