Originally posted by mamaof2
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Thanks so much, you are very helpful...if you dont mind, can i ask for any pointers you may have for me...we have our consol on friday, and if this lawyer seems like the right one, then i am going to give him the money to file asap, how long after your last purchase, did you have a consol and then file and how much were your charges ( i hope i am not asking too much
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)I met with my Attorney about two weeks ago. I PM'd several people on the forum for attorney recommendations. I actually went with the first guy because he was part of a firm and had staff. He was also a member of NACBA so I figured he'd have a good understanding of current case law (I also tested him).
The other attorney I was looking at never called me back. I think he was a smaller practice. I called like three times and got an answer machine. Left a message and nothing.
Anyways, sat down with the first attorney. He was totally cool and at first tried to explain BK to me. But thanks to everyone here, I already knew most things. He said it was good I was reading about BK. He allowed me to ask as many questions as I wanted and address any concerns. He didn't rush me and wasn't full of crap! I've been in sales so I know sometimes people tell you what you want to hear. He wasn't like that and was specific on how things worked.
Anyways, my income has fluctuated. I wanted to use my income from November-April, which meant filing in May. I couldn't file in April because I made too much in October, which isn't a true picture of what I make now. My only concern were the recent charges within 90 days. I just did what I always do, pay my CC's and then use them. A week later I realized this was never going to end. My attorney said you could explain that and that the creditor still has to file a claim against you.
He told me the trustee's main concern are your assets and preferential payments since they get a percentage. Questionable charges can be negotiated.
Anyways, before meeting the attorney, I started gathering all my statements, paystuds etc. He gave me a packet and said if I wanted to move forward to return it quickly. I think he wanted at least two weeks before the date of file. I completed the packet in a few days and met with one if his paralegals. He made sure I had everything and told me to get my pre-counseling done (they gave me a list of services). I paid them in full and they started prepping my paperwork.
I go back in a week or so, go over my paperwork and meet with the attorney one more time. Once I sign off everything they file it electronically either the same day or the next day. This is when the money in your bank account comes into to play. When I go back I need to tell them the exact amount in my accounts. Obviously if you have too much then you need to go grocery shopping haha. I won't be over since CA gives you like a $20,000+ exemption.
Like I said before...this site is AWESOME but not always "crystal" clear. Since certain things are specific to districts, asking an attorney in your area how things are treated is huge. They will know what you can and can't do. I know you want to file quickly and I see nothing wrong with that from what I've read about you. BUT don't be in a hurry to pick your attorney!
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