Meeting Lawyer today...question?

[Iluvres]

HI I want to file for a ch 7 and I have a car that I want to either keep or have the amt I owe lessened or give it back because I can't afford it. It's worth 12k and they want me to end up paying 20k for it. They say I have to pay on it for 48+ more months.

What kind of questions do you guys think I should ask the lawyer?
Any help or suggestions would be greatly appreciated.

TIA

[Boscoe]

How long have you owned the car? If at least 910 days (2.5 years), you may be able to "cram down" the debt to equal what the car is worth. Ask you attorney about this. But you should definitely be able to keep the car...........

[Iluvres]

HI everyone.
I met with the attorney today and he says I should get rid of the car. He says there are xtra fees involved w/ doing a 722 redemption. He says I can get another car right after BK is discharged. Does this all sound right to you guys?

Oh also...He says his cost is $1500 plus the $299 for the filing fee. He says that I can expect to file in 5-6 weeks. Isn't that a long time????
I think he is thinking thats how long it will take me to pay him off. Did you guys have to pay off your lawyers before they filed? I want this done ASAP not in 4-6 weeks. I told him that Monday I can give him a $500 deposit.

I did feel kinda rushed in his office too. My friend used him and knows him so he was recommended. He also is giveing me a so-called discount for $250 b/c of my friend.

What do you guys think????

[RBAllis]

I went to attourney "freaked out" when I saw the cost. Thought I was filing a Chpter 7, ended up doing a 13th. I was less threatening - 3 years of payments and I will not lose my car. My Creditor meeting was to be the 24th but my attourney has a criminal case on that date so I am just making my payments and having my creditor meeting for Christmas. I actually fired my first attourney started getting quotes, finally settled on one that would meet with me on a Saturday. I good attourney will do all the paperwork. Once you make the first down payment to your attourney the calls and the threatening letters stop. I found on line good letters to send out, to expidite the process. Make sure that you understand the difference, you could lose all that you own with a Chapter 7 and they do an extensive backround check on you.

[PaKettle]

Oh also...He says his cost is $1500 plus the $299 for the filing fee. He says that I can expect to file in 5-6 weeks. Isn't that a long time????
I think he is thinking thats how long it will take me to pay him off. Did you guys have to pay off your lawyers before they filed? I want this done ASAP not in 4-6 weeks. I told him that Monday I can give him a $500 deposit.

I did feel kinda rushed in his office too. My friend used him and knows him so he was recommended. He also is giveing me a so-called discount for $250 b/c of my friend.

What do you guys think????

$1500 isn't too high, I don't think, especially if the guy comes well recommended. I have one attorney that told me it would be "difficult" to get everything together to file within 2 weeks, but another said "no problem". Guess it depends on how busy he is. You do have to get your credit counseling and you have to get tax return copies or transcripts.

Almost NO attorney will actually file for you until you pay him IN FULL. Maybe they think we're credit risks?

There is nothing wrong with your consulting with other attorneys and in fact I would recommend it, just to get a feel for how they are. If you think this guy is really good, then I guess just go with him, though. However, ask yourself: Was your friend's bankruptcy as difficult or complex as your's? (not that I'm saying that your's is complicated, but IF it is...) Because sometimes people recommend their dentist for example, because they like him, they go there to get their teeth cleaned and he seems like a nice guy. But then they recommend him to a friend who needs some real work, like bridge work or crowns, and the friend finds out he isn't really a good dentist at all! Get what I'm saying?

I've now talked with about 4 attorneys and none of them have been quite what I'm looking for. I have 2 more consultations this next week and then I will probably just choose the best of them even if they aren't "perfectly" what I am looking for.

[cathywhite4495]

You have to pay off the atty before you file Ch. 7 because otherwise it would be a debt discharged in the BK and they wouldn't get paid. I think it's different for a 13.
I agree with Pa about interviewing some more lawyers. You want to make sure you feel good about him/her. The price sounds close to what I've heard others pay.

[JRScott]

As cathy points out if it is a chapter 7 case you have to pay the lawyer in full before he files. You can of course have the paperwork to him and let him be working on it after you retain him but he cannot by law file before he is paid.

If it is a chapter 13 then you have to pay retainer, filing costs, and maybe a little more and then the rest of the fee is rolled into the payment plan.

1500 + filling cost for a Chapter 7 is pretty reasonable. Some lawyers are also busier than other lawyers.

Even if you are pretty sure on this lawyer. I would consult with one or two more and make sure.