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    3 different consultations


    I saw a lawyer a few months ago and 2 more today. Thought I would share the different experiences and get some feedback.

    Lawyer #1
    I made the appt mainly for debt consolidation. I have over 50K in unsecured, cc debt in my name only. Hubby has more than that in his name only. Things had gotten way out of control as I can no longer work and our income is half of what it used to be.
    Okay, so, I go to this appt. I was not told to bring one thing in so when the receptionist gave me a stack of sheets to fill out listing my debts, assets, etc....I was totally unprepared.
    I saw the lawyer. Very nice. Told me I could file a Chapter 7 because the debt was in my name alone and hubby would probably have to file a 13 because he made more than the median income in Ga.
    I was told not to use my cc anymore, stop making payments on my car since I was upsidedown on the loan and to surrender it eventually.
    I did use the cc again and was told to wait 6 months to file after the last charge.

    Fast forward. Today, 1/16/07

    Saw Lawyer #2 for consult.
    This time, I was prepared. I have been reading this board, had printed out all 3 credit reports on hubby and I, brought income tax returns, hubby's pay stubs, etc....
    This lawyer immediately started talking, going through the credit reports, asked a few questions, didn't give us much of an opportunity to ask much. I had to practically interrupt him to ask a few questions.
    He said we HAD to file a 13. I could not file a 7 and hubby file a 13 because they go by total income. He said once the plan was put in place and amount decided on, it would never change. Even if hubby worked all the OT he could, it wouldn't change. I mentioned hubby's mom being 90 and the possibility of inheritance. Lawyer still said trustee would not care or even know. He said we could hit the lottery the week after discharge and not have to give up a cent of it. I asked him a few more questions and he said this was a very simple procedure and he wished he could say something negative about it but he just couldn't and then said "Okay, are we ready to do this???"
    My hubby was in awe that everything was so "simple" and he could keep everything and only pay back X amount and still work all the OT he wanted and even a side job.
    I told this lawyer we needed to absorb what all he had said and we would get back with him.

    (He totally went against everything I had read on this board. I did NOT go in there acting like I knew much because I had read somewhere that's not a good idea. I did mention I had done "a little" research and he said the internet is not a good place to get info. I didn't tell him it was a message board and I trusted the people on here more than I did him.

    Lawyer #3

    We left lawyer #2 and went straight to see #3. We did not see the lawyer. We saw the paralegal. Okay. This woman is sharp! It was a small office. Lots going on but she was multi tasking like I have never witnessed before. Finally, we had a quiet time and she explained a lot. She said more than likely we can file a 7 jointly. She said I definitely could do a separate chapter 7 but it probably wouldn't come down to that.
    She said the trustee is not our friend and he would be breathing down our necks for 5 years if go with a 13. She knows him and she says he is tough.
    The only time we would see the lawyer was at the 341 meeting. She does all of the paperwork for the bk's and is also an accountant. As crazy as all that sounds, I really like the woman. She said we do not have to wait 6 months. We have passed the 75 day mark.
    We have an appt. on Sunday in her office to do my 2005 taxes, do the means test and start on the paperwork to file.
    Because we have so many cc accounts (14), the fee, including filing will be $1400.00, which all of it has to be paid upfront before filing.

    I am going to get all of the documents she wants before Sunday. We can do the Credit Counciling online or by phone.

    She said it is not a walk in the park, but she would help us every step of the way. I could tell by all the calls and walk ins, that she is on top of things. She is also taking her bar exam in one month. Oh, she also said it was good to be proactive with this and to read as much as I wanted

    So, 3 different lawyers, the first and third were close in advice and the second one, well....I got bad vibes from him within 60 seconds after we met.

    Any thoughts???
    ~~~ Toomuch ~~~

    Filed Chapter 7 - 10/15/08
    341 Meeting - 11/13/08

    #2
    3 consultations

    Having previously worked in the accounting field, I have seen more than one of my clients receive bad advice from an attorney who just doesn't understand the numbers part of it all and the bankruptcy screwed them, especially if the bankruptcy involved taxes. This was true before all the new laws. I would imagine that the screw ups have only become worse with the changes and the introduction of the IRS colection standards.

    My own attorney even admitted he didn't understand the IRS standards. I told him that was ok, because I did. Most of the clients I deal with in my accounting practice are people with IRS collections issues.

    Now, of course, I am not qualified to offer legal advice, but personally I would lean toward an attorney that also has a accountant on his staff. Is his accountant certified or does she just have an accounting degree? ...there is a difference!

    A couple of questions that I didn't ask before I hired him that I wish I had asked were these....How many of your clients complete their BK? and How often does your clients plans get changed after the 341 meeting? (I hate surprises)


    P.S.
    I chose my attorney based on the fact that he had previously worked for the law firm that represented my mortgage company.

    Good luck!!!
    I used to have a life, now I have grandkids.

    Comment


      #3
      12/12/06 - Filed No Asset Chapter 7 - 85K on CC's
      01/16/07 - 341 drum circle 02/06/07 -US Trustee Review
      03/19/07 - Objection Deadline - 03/21/07 Discharged/Closed
      sigpic

      Comment


        #4
        I can say from experience... make SURE you do your own research! If we had listened to the first attorney we talked to (who we didn't hire) then we'd be in a chapter 13 right now that we couldn't afford.

        If we'd have listened to the 2nd attorney we talked to (who we DID hire... and pay over $2000 to... and then fire) we'd once again be in a chapter 13... or worse, dismissed...

        We made the mistake of hiring an attorney before we knew enough about what was going to happen or what we could do... we paid the jerk $2000 because he told us that a chapter 7 "shouldn't be a problem"... only to have him give us several "drafts" of a chapter 7 petition that had significant errors in them... and then on the final day, when we were going to signthe petition for him to file... he says, "oh, we looked at your income wrong... you have to file a chapter 13... that'll be another $1000.... or so..."

        We then fired him... did the petition ourselves... and it was a good thing we did... we found a bunch more mistakes that would have been deadly had we not cought them.... and now we've been discharged from a very smooth chapter 7... with no hang ups, no problems.

        Bottom line... an attorney is a good idea... but be VERY picky... and do your own research on EVERYTHING... as much as you possibly can. Believe me... the time you spend checking up on your attorneys work is CHEAP compared to the alternative!

        Good luck!
        Filed Ch. 7 Pro-Se: 10/12/06
        341: 11/6/06 (went AMAZINGLY well!)
        Discharge: 1/12/07
        Closed:1/19/07

        Comment


          #5
          Originally posted by LostOne0069 View Post
          I can say from experience... make SURE you do your own research! If we had listened to the first attorney we talked to (who we didn't hire) then we'd be in a chapter 13 right now that we couldn't afford.

          If we'd have listened to the 2nd attorney we talked to (who we DID hire... and pay over $2000 to... and then fire) we'd once again be in a chapter 13... or worse, dismissed...

          We made the mistake of hiring an attorney before we knew enough about what was going to happen or what we could do... we paid the jerk $2000 because he told us that a chapter 7 "shouldn't be a problem"... only to have him give us several "drafts" of a chapter 7 petition that had significant errors in them... and then on the final day, when we were going to signthe petition for him to file... he says, "oh, we looked at your income wrong... you have to file a chapter 13... that'll be another $1000.... or so..."

          We then fired him... did the petition ourselves... and it was a good thing we did... we found a bunch more mistakes that would have been deadly had we not cought them.... and now we've been discharged from a very smooth chapter 7... with no hang ups, no problems.

          Bottom line... an attorney is a good idea... but be VERY picky... and do your own research on EVERYTHING... as much as you possibly can. Believe me... the time you spend checking up on your attorneys work is CHEAP compared to the alternative!

          Good luck!
          Yes, this is a big concern to me. I wish I knew how to get references about the lawyer we go with.
          I did get a private email about a firm that seemed very reputable but they are in Atlanta, which is 4 hours from me.
          Maybe I should get more consultations.

          What happens if at the last minute, they tell you you have to file a Chapter 13, when you are totally not expecting it? The more I read and research, the more confused I seem to get. I'm having to go back over things I have spent hours reading and re-read.

          I am really frustrated. Sorry to be so negative today because you guys rock when it comes to support and information.

          Toomuch
          ~~~ Toomuch ~~~

          Filed Chapter 7 - 10/15/08
          341 Meeting - 11/13/08

          Comment


            #6
            Hi toomuch,

            Do you have anything that is pushing you to file quickly, like a lawsuit?
            12/12/06 - Filed No Asset Chapter 7 - 85K on CC's
            01/16/07 - 341 drum circle 02/06/07 -US Trustee Review
            03/19/07 - Objection Deadline - 03/21/07 Discharged/Closed
            sigpic

            Comment


              #7
              Originally posted by ChainSmokin View Post
              Hi toomuch,

              Do you have anything that is pushing you to file quickly, like a lawsuit?
              A firm from ATL is threatening a judgement (Discover card debt). I have ignored them so far.

              Also, I quit making payments on my car (lawyers advice) so I am a month behind on it.

              Hubby could be working OT right now and we desperately need the money, but he's already over the Median. I could personally go ahead and file a 7 and be done with it, or so I'm told. The paralegal, who handles all of the paperwork, filing, everything but showing up at the 341 meeting says we can file a 7 even though hubby makes more than the Median for 2 people in Ga.

              I feel like crying and screaming and I haven't even filed
              ~~~ Toomuch ~~~

              Filed Chapter 7 - 10/15/08
              341 Meeting - 11/13/08

              Comment


                #8
                12/12/06 - Filed No Asset Chapter 7 - 85K on CC's
                01/16/07 - 341 drum circle 02/06/07 -US Trustee Review
                03/19/07 - Objection Deadline - 03/21/07 Discharged/Closed
                sigpic

                Comment


                  #9
                  I'd be a bit uneasy about not meeting the attny who's name is gonna stand behind your BK. That's just a personal opinion.

                  I know an excellent paralegal is key. The paralegal handles most of the tedious stuff anyway. Our paralegal helped handle her parent's BK while she was working for another attny. She told us she practically did it all. All he did was show up at the 341. Which she couldn't do. Then she said she would have much rather had our attny file her parent's BK if they were doing it now. The paralegal said our attny was VERY good.

                  Here's hoping this all works out for you.
                  Filed Ch 7 - 09/06
                  Discharged - 12/2006
                  Officially Declared No Asset - 03/2007
                  Closed - 04/2007

                  I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                  Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                  Comment


                    #10
                    [QUOTE=SinkingFast;79599]I'd be a bit uneasy about not meeting the attny who's name is gonna stand behind your BK. That's just a personal opinion.

                    I know an excellent paralegal is key. The paralegal handles most of the tedious stuff anyway.



                    I was a bit uneasy at first. Then I found out the lawyer is in the Hondura's until January 30th. When I made the appt., the receptionist said the paralegal, Mrs. Robinson, would handle everything, beginning to finsh, except for the 341.
                    While I was there, it was a bit chaotic to say the least. Mrs. R. was on top of everything and quoted several fees for various people.

                    I feel she is knowledgeable, but so are you, SinkingFast. I have only been reading this board for less than a month, but respect the advice and opinions of the members here.

                    Still confused

                    TooMuch
                    ~~~ Toomuch ~~~

                    Filed Chapter 7 - 10/15/08
                    341 Meeting - 11/13/08

                    Comment

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