What to ask your attorney?

[Mark80]

I could of sworn there was an old sticky on this but I couldn't find it. And I had no search results on it either. Sorry if I missed it but I really need to know as I meet with my first Attorney this afternoon?

What are good questions to ask during the initial consultation?


TYVM!

[Tom_Mi]

Excellent question. The atty I spoke to wants 2500 up front to begin, and I don't have any litmus test that he'll represent me well, other than he "seems" articulate and experienced.

[Mark80]

Excellent question. The atty I spoke to wants 2500 up front to begin, and I don't have any litmus test that he'll represent me well, other than he "seems" articulate and experienced.

2500 up front? Did you check around and compare? That seems high for a retainer fee!

[Tom_Mi]

He said in michigan attys get paid at the end of the plan...which I was surprised to hear.

[Mark80]

If he gets paid at the "end" why does he need so much just to start?

[Tom_Mi]

His rationale was that if I go 13 he doesn't want to wait 3 or 5 yrs to get paid. It sounded reasonable to me, although disappointing.

If they guy's really good, I don't want to lose him though, which is why I'm interested in your original post "questions to ask".

[AngelinaCatHub]

One good question is, "If I call you with questions, will you get back to me in a timely fashion?". It takes our attorney weeks and by that time I've found my answer myself or on here. She is very bad. Believe me you will have questions come up. We only paid 1500 plus filing fees about 300 for 13 that was then changed to 7. Paid up front but she would have accepted payment by m.o. if I wanted to. We live in FL. 'Hub

[Mark80]

Here is what I have so far:

Do credit card payments stop during Chap13 process when? I have a heap of medical bills on my wife and would love to get all those paid off.


How much upfront (retainer) and at the time of filing, how much rolled into the plan?


3-Year interest only Arm, due in September 2009. Can anything be done to lock the rate, or roll the loan into a fixed program? I have heard of some FHA plans that can work for people in Chapter 13?


Will I be able to get an auto loan during the chapter13 plan if needed?


Can I use on online credit counseling agency to satisfy the court?


If I have questions during the process, how quickly do you normally return calls?

[lrprn]

Here's some excellent information on finding then preparing to meet with a bk lawyer along with a list of questions to ask during the initial consultation visit -

http://bankruptcy.lawyers.com/Bankruptcy-Preparing-to-Meet-with-a-Lawyer.html

http://moranlaw.net/selecting.htm

http://moranlaw.net/interview.html

[BKParalegal]

Mark,

Whichever atty said they wanted the $2500 upfront for a Chapter 13, I would run away as fast as you can.

Regarding your questions so far in the context of a Chapter 13, all of your bills are classified into 4 classes or categories:

Class 1 - Atty's fees(this is where the atty gets most of their fees, usually within the first 10 months or so-the atty that told you he didn't want to wait 3 to 5 years doesn't know how to draft a 13 plan it sounds like) Non-dischargeable IRS debts, and in some districts your current mortgage payments
Class 2- Cram downs, Adequate Protection, and other secured debts

Class 3- Arrears owed to Secured debts( IE the amount you are behind on a car or home loan
Class 4- All unsecured debts, including credit cards, signature loans, medical bills etc.

For a chapter 13 to be confirmed, you have to be able to pay Classes 1 -3 within a time period between 36 to 60 months. If there are any funds leftover in your budget than that goes to Class 4. So they may get 1% to 100% of what they are owed based on your disposable income. They can scream and cry all they want but they only get what is leftover not what they are owed.

Yes you can do online credit counseling

In regards, to refinancing your home, typically 12 months after you have filed will FHA look at you file and consider it. Same thing with getting financing with a car, loan companies typically want a year under your belt.

The main question I would ask an attorney is ( and this is if you really think you have to do a 13) how many have they filed and more importantly how many have they confirmed.

I know an attorney that was/is brand new to BK and filed 70 chapter 13's and to date none confirmed.

[Bandit]

I could of sworn there was an old sticky on this but I couldn't find it. And I had no search results on it either. Sorry if I missed it but I really need to know as I meet with my first Attorney this afternoon?

What are good questions to ask during the initial consultation?


TYVM!

get to know the law, the whole law & nothing but the law. Then ask specific question pertaining to the law that have absolute answers. If they know the right answers & dont have to go searching for answers or give you half baked replies then you found a good one because you will be amazed at how many of these guys have no clue what they are doing.

You can do this by phone also so you dont have to drive all over the place & waste gas, then later if you feel them out on the phone, go & visit the office & pay attention to details & organization etc. etc,.

Also bring up two or things that really concern you about your particular situation & see how they respond.

I went all over town doing that by phone, just sharing with you how I started it for myself you don't have to do it the same way.

[Bandit]

I was just looking at those questions. Only two of them I would ask because if you know the law well enough you willalready know those particular questions. Those question are more for people who dont have a clue about the law.

This is really the only one I would ask:
How many bankruptcy cases has he or she handled?

& then add to that by making sure they know how to do all chapters.
Almost every one I talked to gave me his rates & fees & all that without me asking.

The other question on that list I think is good is to find out everyone who will be working with your case & meet them & find out who you will be speaking with the most.

Questions To Ask Your Potential Lawyer
Prepare a list of questions to take with you to your first meeting. In theory, no question is too silly to ask. Keep in mind, though, that you don't want to scare a lawyer out of representing you. Some questions you might ask a bankruptcy lawyer would include:

Should you file bankruptcy?
What might your other options be?
How many bankruptcy cases has he or she handled?
What percentage of his or her practice is in the area of expertise that you need?
Does the lawyer usually represent debtors or creditors?
What problems does the lawyer foresee with your case?
How would the lawyer go about handling your situation? What is the process?
How long will it take to bring the matter to a conclusion?
How would the lawyer charge for his or her services?
Would the lawyer handle the case personally or would it be passed on to some other lawyer or support staff in the firm? If other lawyers or staff may do some of the work, could you meet them?
Money Matters
You'll want to ask how the lawyer would charge for his or her services:

What is the lawyer's hourly rate?
What would the estimated fees be for your matter?
Would the lawyer consider doing the work for a flat fee?
Would a contingency fee be possible (for creditor's work)?
Does the lawyer advance out of pocket costs?
Would there be a retainer payable up front?
Would any unused portion be refundable?

[Bandit]

The main question I would ask an attorney is ( and this is if you really think you have to do a 13) how many have they filed and more importantly how many have they confirmed.

I know an attorney that was/is brand new to BK and filed 70 chapter 13's and to date none confirmed.

very nice
we were thinking the same thing.