Initial consults with attorneys...

[reallynervous]

I am not sure I have seen this mentioned on here before. With both of the attorneys we met with for initial consults (free) we were required to sign forms stating we had met with them to discuss bankruptcy. As I understand it, the original of that form will need to be submitted with our bankruptcy paperwork.

Is there a timeline that starts with the signing of those forms? Has everyone had to sign them? I was thinking that they are required so that there is a record of when you sought help and were aware that filing BK may be necessary. Can anyone explain it any better?

I am concerned that I not wait too long to file. I don't really have a reason to wait, ie needing a timeframe post charges, etc to pass. I am just really having a hard time right now with being down. This is always a very hard time of year for me due to the anniversaries of several losses of loved ones. That combined with this impending BK and dh's ongoing illness has hit me very hard. I know I need to be moving along with getting the appraisal set up, etc, I just don't seem to be moving ahead. I feel stuck. Maybe I just don't want to really accept it. I don't know.

Anyway... I just want to make sure there isn't a timeline that starts with those initial consults. I know that I need to file within 6 months of the pre-BK counselling and we did that last week.

Thanks and if you would like to send me a kick in the pants to get moving with the BK, I could probably use it.

reallynervous

[BKTango]

I personally have never heard of anyone being required to sign anything on an initial consult, I know for a fact I did not sign not one thing until I laid the money on the desk. So I really can't help you there, maybe someone else has had this experience and can give a voice to the matter. I understand the not moving forward thing and I am sorry you seem to being dealing with so much at this time. Remember this is just one small step in life, it's hard to think about it now, but really it does get better. The day you file, is the day your knew life begins, the day you are discharged, is the day you will begin living that life and not just existing through it.

[brainless twit]

We signed a form after the initial consult with our attorney. Basically, it stated that we met with him for a consultation, he reviewed all of our options (7, 13, debt management, etc.) with us, and his fees and when they are due if we chose to file. I think this was more for his record-keeping than anything else, and it was not submitted to the court.

[SinkingFast]

Several of the attnys we Consulted with had us sign ALL the Trustee's and BK Court Req'd paperwork prior to the Consult. The sheet that names and details the various types of BK available is one I remember. There were several that do become part of your petition if and when you do file. Most of the attnys had us sign all that paperwork when we went in to see them for our Consult.

The attny we wound up hiring had us complete that paperwork WHEN we were actually preparing to file. We'd paid him, in full, months before and then just waited. When we went to file, all of our paperwork was dated right at the same time. The papers signed in the attny's office were dated just a couple of days prior to our actual Petition.

[SamanthaJones]

The petition asks if you've paid a bankruptcy lawyer

in the last year (statement of finacial affairs). The creditors could use that against you if you make charges after the initial laywer date....Other than that the law makes a lawyer tell you he is a 'debt relief agency' or something to that effect, whatever the point of that might be, and you sign a form agreeing that you've been informed of that weird fact.

[reallynervous]

Thank you for your replies, everyone. I really appreciate your posting.

So, it seems those forms are more of a formality than timeline starter. We haven't paid anything to the attorney yet, although we do have the tax return now, so it is time to get busy. I need to get the appraisal scheduled.

One other problem we will have is getting dh off work for the 341. We are hoping to not have to tell his employer. BK7 hearings in our area are held only once a month - the last Friday. Dh is not allowed off during certain time periods, one of which would be that last Friday in May (basically around any holiday he is not allowed off), so we may have to wait to file until we would get assigned to the June 341 meeting. That means we need to find someone to keep the kids for us as they will be out of school by then.

I hope we can hold off on any judgments until then. We are in PA, so I know they cannot garnish dh's wages.

BK, thanks for the boost in remembering this will get better!

Thanks again,
reallynervous