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    Finding your BK attorney

    I have never had to use a lawyer or attorney for anything. I would like to know what criteria people used to select their attorney to file their BK? I am not comfortable with opening up the yellow pages and selecting somone. I also don't want to ask family and friends if they know a bankruptcy attorney.

    I recently went through the phone book and picked out ads that did not have bankruptcy as a part of their ad. I then called them and asked if they did bankruptcy cases and when they answered no.. I asked if they could recommend anyone. I also have website for my state to look up a lawyer before I decide to use them to make sure they do not have any problems with the bar. Any suggestions would be helpful. Thanks for your time

    Regards,

    #2
    This is more of a gut feeling and your own personal opinion of the attorney. I wish it could be easier, but attorneys don't advertise like the automakers/auto dealers do, so it's hard to decide what you want. You can check your dicstrict and check out an attorneys record, but in the end, you might end up opening up the phone book and making calls anyways. You really don't know what you feel about the attorney until you've sat down with them and talked with them. It's really no different than finding a new family doctor.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      Thanks,
      I have been delaying filing because I have been trying to come up with a way to find a good attorney. I don't want to cause more issues when I start the process because the attorney I picked is inept. I guess I will just have to ask him/her questions such as how many cases have they processed and when was the last case he processed. Will he be working on another BK case as he is working on mine? Anyone else have thoughts.

      Comment


        #4
        If you can get a list of those attorneys in your area that are also BK trustees, that might be really useful in narrowing down the list. I would assume a trustee would be very knowledgeable about the law and would know the other trustees and be totally familiar with local practices.

        That said, I think I was lucky since I just went with a big BK mill that advertises on tv. Probably NOT the route to take, but it worked out well for us. They shuffled us through 3 different attorneys at the 3 different meetings we had, which had me quite worried, but crafted a very liveable CH 13 that passed muster with the trustee.
        Filed CH 13 September 17, 2007
        Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

        Comment


          #5
          Originally posted by woeisme View Post
          If you can get a list of those attorneys in your area that are also BK trustees, that might be really useful in narrowing down the list. I would assume a trustee would be very knowledgeable about the law and would know the other trustees and be totally familiar with local practices.

          That said, I think I was lucky since I just went with a big BK mill that advertises on tv. Probably NOT the route to take, but it worked out well for us. They shuffled us through 3 different attorneys at the 3 different meetings we had, which had me quite worried, but crafted a very liveable CH 13 that passed muster with the trustee.
          Thanks Woeisme.. that's the kind of stuff I was looking for.. next question.. How do I go about finding who the trustees are in my area. I'll start looking on line.. I was just hoping to get a little direction to speed up the process.. Thanks again.

          Comment


            #6
            I just did an internet search for local bk attorneys and then I went onto our local court's website and looked at some of the 341 calendars. From there I researched the attorneys that had the most cases. I figured the more they did the better they would know the trustee and his/her tendencies.

            Comment


              #7
              while i was at the court working on their computer and finishing up my forms i overheard a conversation one of the clerks was having. someone had called in asking this question - how to choose an attorney. the clerk said she gave several names of attorneys that had recently filed with the court - and then she laughed and said that the caller didn't need to know that she handpicked the attorneys that were her favorites and shared only their names with him.

              nutshell: you could call the bk court clerks and ask which attorneys have filed cases that seem to do a good job and don't push through a ton of ammended forms?
              Filed 7/28/08, Discharged 10/29/08
              (filed pro se: nonconsumer no asset CH7)

              Comment


                #8
                OK, I think I may have found an attorney and I scheduled my first meeting. Anyone have a suggestion on questions I should ask him? Here's what I quickly came up with. I don't meet with him until the Friday. I tried previous forums for questions but could find any.

                1) How many Ch7 cases have you processed

                2) Are you currently working on other Ch 7 cases that could delay my case

                3) What is the time frame I can expect to receive an answer to a question I have if I call you?

                4) As your client what actions might I do that would cause a delay or extra work in filing my case.

                5) As your client what can I do to make your job easier and help speed my case along.

                Comment


                  #9
                  Originally posted by Mi Bankruptcy View Post
                  I have never had to use a lawyer or attorney for anything. I would like to know what criteria people used to select their attorney to file their BK? I am not comfortable with opening up the yellow pages and selecting somone. I also don't want to ask family and friends if they know a bankruptcy attorney.

                  I recently went through the phone book and picked out ads that did not have bankruptcy as a part of their ad. I then called them and asked if they did bankruptcy cases and when they answered no.. I asked if they could recommend anyone. I also have website for my state to look up a lawyer before I decide to use them to make sure they do not have any problems with the bar. Any suggestions would be helpful. Thanks for your time

                  Regards,
                  If you do a search in this forum, you will find this topic discussed numerous times. The first best way to find a good BK attorney is through personal reference in the event you have a family attorney who handles other things in your family (i.e., wills, house settlements, etc.). If they cannot refer you to one, they have all sorts of contacts in the legal world to get the best references. If that is not an option, the next best way to find a reputable attorney is through your State Bar Association. Call them, tell them you are considering filing BK and would like the name of some top, reputable attorneys in your area. They can help you. I've worked for and with attorney's most of my career and the majority of the time, both of these options are failproof. We were referred to the top BK attorney in our state by one of my former attorney bosses and also someone who had used him for their BK (someone I worked with). I never had any problems or issues with that referral.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

                  Comment


                    #10
                    Originally posted by Flamingo View Post
                    If you do a search in this forum, you will find this topic discussed numerous times. The first best way to find a good BK attorney is through personal reference in the event you have a family attorney who handles other things in your family (i.e., wills, house settlements, etc.). If they cannot refer you to one, they have all sorts of contacts in the legal world to get the best references. If that is not an option, the next best way to find a reputable attorney is through your State Bar Association. Call them, tell them you are considering filing BK and would like the name of some top, reputable attorneys in your area. They can help you. I've worked for and with attorney's most of my career and the majority of the time, both of these options are failproof. We were referred to the top BK attorney in our state by one of my former attorney bosses and also someone who had used him for their BK (someone I worked with). I never had any problems or issues with that referral.
                    I already found an attorney. I was asking what kind of questions people here can suggest that I should be asking that would help me in evaluating the attorney. I am new to the area I live at and most of my family lives in another state. So, the only referals would be from other attorneys. I found this one through the Michgan Bar Association.

                    Comment


                      #11
                      Mi, I thoroughly second the suggestion about finding an atty who is also a bk trustee, but you say you've already found an atty so that's probably not all that helpful.

                      But I will tell you this: the more you know about bk, the better a client you will be, and the better you can ensure that things are going as they should. The real meaty questions that you know you have but don't know enough yet to ask -- those will come as you learn more. I strongly recommend this forum, blogs like BankruptcyLawNetwork, and reading at least one comprehensive "layman" book on bk. The one I like is linked in my sig, the Bankruptcy for Dummies book is good too, but a book will give you a walk-through of the process that is absolutely invaluable... anything you have now is piecemeal, but once you have a handle on the process it will all start to come together.

                      There is an odd sort of logic to bk (kind of like accounting, for any one who's ever taken an accounting class) that defies what you would normally consider to be common sense. An example would be how high debt and lack of equity actually help you in bk, or why, when asked for a list of assets, you don't have to price every fork or towel rack you own at retail replacement cost. Learning more about bk -- especially starting with a book -- will cause everything else you experience to make much more sense. Including quizzing your new atty!!!

                      Good luck!
                      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

                      Comment


                        #12
                        Thanks Fresh, I am new to this forum but I have been reading about BK for awhile. I have done my means test, checked michigan's exemptions ( which is not much). I just figured there would be some tricky questions that I could use. I never thought about BK for dummies. I will have to check it out along with your link. I really do like this forum. Nothing like reading about real life expereinces. I am also documenting my processes through a blog. I have also looked at court documents for our local area to try to figure which atty are being used. I also downloaded all the actual official court documents posted on our states district court web site
                        thanks again,
                        I am sure I will be back here again.

                        Comment


                          #13
                          Hi Mi! I'm in Michigan too. What part are you from?

                          I'm REALLY impressed with my lawyer thus far, he's located in Kalamazoo, I'm in Battle Creek. Super nice, really knowledgable, and is handling my case as quickly as possible. I consulted with him in June, Paid them end of July, and I just filed Monday.
                          FILED!: August 11, 2008 * Pre-Filing Fico Score - 643 * 341: October 8, 2008 * Last Day for Objections: December 7, 2008
                          "Those who cannot remember the past are condemned to repeat it." -George Santayana

                          Comment


                            #14
                            Hi Well Dh and I went to a few attorneys before we gave a retainer. I basically looked thru the phone book and on line and did a search for bankruptcy attorneys and then I called them. I talked to the secretaries - because thats usually who you deal with when you have to call there and ask any questions. So if the secretary was polite and didn't rush me I put a check mark next to that attorney. I then told the secretary my situation and then gave her a chance to see if she would let me speak to the attorney - she did so another check mark. Lastly, once the attorney talks to you, make sure he is asking you questions. Another check mark. I finally made appointments with the attorneys that I was comfortable with and were naturally knowable about bankruptcy, I also asked if they do alot of BK's, another check. So our attorney made an appointment for us and acutally said to make an appointment either on a saturday morning, because he wanted to spend alot of time with us. WHICH, i liked, cause I figured he wasn't a "bring um in and get'em out" type of attorney. A couple of attorney's that we went to didn't even do anything they just sat there. This attorney actually did a means test for us before we even gave the retainer. So we then decided on him, and so far so good. We have been there 3 times with a list full of questions. He never pushes us out and answers each question fully. So thats how we based our attorney choosing. We are truly happy with everything that has transpired thru far.

                            Comment


                              #15
                              Hi Pinky, I am just north of you in a small town between Lansing and battle Creek.. PM me and I will tell you the city. If you decide to PM me and your feel comfortable I would appreciate any recommendations for lawyers names and estimates you may have obtained for the cost of BK lawyers in MI. I have done so much reading it's time to get my feet wet and get the ball moving.

                              Comment

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