Met with 3rd Attorney

[jdenn47]

All,
I met with my third attorney today. He was a little more expensive than the rest, but I like him a lot! Several times during the appointment, he said "I work for the debtor, not the US Trustee."

He seems to treat the means test a little different than everyone else. On the six month lookback for income, he's the same. Everything else on the form, he feels should be a representation of you "current" expenses. Since I'm getting divorced, he would take a current paycheck, calculate the total percentage of the check going to taxes, and then apply that percentage to the six months income.

In my divorce, I am going to be paying $200 a month for the next year. He said that amount would go on Line 28 even though I start paying it next month.

He pointed out that the B22A only talks about being a six month lookback in the Income section. The rest of it only asks you "How much you actually pay." In his opinion, that means currently, and in the future.

Does this seem to make sense?

Thanks,
John

[HHM]

He pointed out that the B22A only talks about being a six month lookback in the Income section. The rest of it only asks you "How much you actually pay." In his opinion, that means currently, and in the future.

That's pretty much how most attorney's do it, so in that respect, that approach is not unique. The caveat is, you have to be able to "justify" the amount you put down for expenses...the only way to do that is by looking back at least a couple months. I think every attorney would concede that you don't really do a 6 month look-back on expenses. As far as expenses ago, the BK petition should be treated as a "snap-shot" of your "current" situation.

[jdenn47]

That's pretty much how most attorney's do it, so in that respect, that approach is not unique. The caveat is, you have to be able to "justify" the amount you put down for expenses...the only way to do that is by looking back at least a couple months. I think every attorney would concede that you don't really do a 6 month look-back on expenses. As far as expenses ago, the BK petition should be treated as a "snap-shot" of your "current" situation.

Well, that's just awesome! The other two lawyers I met with said that Expenses were Six months back with no exceptions. They said my $200 a month alimony wouldn't be able to be factored into the B22A unless I waited six months. They said my new "Single" tax rate wouldn't work until six months had passed.

This is just great news as it most likely means I can file a 7 without waiting! Thank goodness for that!

I guess I should work to get proof of my charitable giving. I imagine a statement from my church for the last six months would work?

Thanks,
John

[jdenn47]

I also have to thank everyone on this board SO much for recommending meeting with 3-4 different attorneys. This guy was the third, and he was the first one I actually felt good about when I left. This guy was great! He was friendly, but frank. He didn't try to mess around and direct me to a chapter 13 based on my income. He spelled out the fees right away.

He spent almost an hour with me. He didn't seem to be in a hurry to get me out of the office like a lot of the others. I just can't tell you how much different this guy was than the rest. I finally feel like I have some hope about this whole situation.

This forum also helped me be informed when I met with him. He was impressed with my knowledge. He said "You know more than 90% of the lawers out there." I owe a debt of thanks to all of you who have helped me!

Thanks,
John

[Cassiopeia]

I also have to thank everyone on this board SO much for recommending meeting with 3-4 different attorneys. This guy was the third, and he was the first one I actually felt good about when I left. This guy was great! He was friendly, but frank. He didn't try to mess around and direct me to a chapter 13 based on my income. He spelled out the fees right away.

He spent almost an hour with me. He didn't seem to be in a hurry to get me out of the office like a lot of the others. I just can't tell you how much different this guy was than the rest. I finally feel like I have some hope about this whole situation.

This forum also helped me be informed when I met with him. He was impressed with my knowledge. He said "You know more than 90% of the lawers out there." I owe a debt of thanks to all of you who have helped me!

Thanks,
John

Hey that's quite a compliment from your attorney!

I agree, this forum is the absolute best. I never joined or posted until after I filed, but I lurked regularly for a long time. I feel like we are in a "club" of sorts together, I feel a real camaraderie and so much support. Plus, of course, all the wonderful concrete help with specifics.

Glad it is looking up for you!

I know the first attorney I went to made me feel "dirty" or something. I was in tears after that meeting! The second one I talked to was the keeper........I feel like I owe that guy my life! Well, not literally.....but.....he was just so supportive and not only easy to talk to, but very encouraging. His wife was his paralegal who did all my work, and she was wonderful too.

Anyway, continued good luck to you...keep up updated!

[JRScott]

Good Job on finding a lawyer you feel good with, that is very important .

Good Luck with the bankruptcy