Frustration setting in choosing a lawyer...

[baguy]

I looking for a lawyer to represent me in a chapter 7 or 13 case (Married, filing singly) in the northern discrict of Illinois (DuPage County). I've had initial consults with 6 lawyers that apperently work almost exclusively with cases in my district and county. None of the four seem to tell me the same things on certain issues...so I'm not sure who to believe or who to go with, which is very fustrating. It's amazing to me the vast differences in their BK law explanations. Here a some things they seem to disagree on:

-Lien stripping wholey unsecured 2nd mortgage in chapter 13. I have a second mortgage that is wholey unsecured (balance of 1st is greater than the value of the home). Some tell me it can't be done, some tell me it "problably" won't work because of the judge in our district would not allow something like that, and I would be trodding down virgin law in my district. And one seems to be willing to try it. Not sure who to believe.

-When to file / 6 month lookback issue. My wife is a teacher, and gets paid in a lump sum every June for the summer months. So basically she gets paid for 3 months of work in June, then doesn't get any paychecks in July or Aug, and then resumes normal pay in Sept. So, when using the six month lookback for the means test, if I filed in Jan 2009, the "lump" payout of June would drop off, and we would basically be looking at 66% of her "true" income if we did this, because no paychecks in July or August. Several lawyers have told me it was a good idea to wait until Jan to file because this would help me in the means test. And several told me that it made no difference at all because her "true" income would be exposed from the budget on the schedules, and we would end up using her "true" income anyway. Not sure what to think / do.

-Vehicle Ownership/Lease Expense on means test. Several lawyers have told me that in my district / county you cannot claim an ownership expense unless you have a lien on the vehicle (both me and my wife own our cars outright). One lawyer said that that's not true, and you can use the IRS standards if you own a vehicle. And other lawyers said that you can't if there is no lien, but if the vehicle is a certain age or has a certain mileage you can use a certain amount for the vehicle ownership expense on the means test. And I have no idea if you do have a lien on the vehicle if you use the full IRS standard amount, or only get to use the total amount of payments divided by 60. Again, I have no idea who to believe.

-Part 4, line 17 (If you are married, living together, but filing singly:
Enter the portion of your spouse's income that was NOT used for your support or the support of your dependents). Some lawyers told me I can't put anything here. Others said I could put my wife's student loan payments. Another said I could put her student loan payments AND her credit card (not included in BK because filing singly) monthly payments here. And another said I can include these plus additional things that she just spends on herself, like out of pocket work expenses she has to spend. Who's right?

-One told me that I should start donating $100 a month to church so that I can deduct that from the means test and include it in my budget. One told me I problably shouldn't even mention that $1000 insider payment to my parents 11 months prior to filing. One told me I can get an auto title loan on my fully paid off car to put a lien on it to use it for the ownership expense on the means test.

All of these little differences make a huge difference on what I could use on the means test / schedule budgets, and will have a big impact on my means test result / chapter 13 payment. This also impacts my pre-BK "planning", like should my wife purchase a new car if she needs one, should I get an auto title loan to help me with the ownership expense thing, etc. I just don't know who to believe, or who is "right."

Does anybody know of an online resource that could explain these things specific to my district / county? Anybody have any experience with a case in northern Illinois and could shed some light? Would my best bet contact a trustee, or go to the BK court and ask somebody there? I wouldn't even know who to talk to....

Thanks!

[Flamingo]

Your state website may have a link your BK Court. Our state website does and the BK court website is chock full of information for filers as to our State. If not, call the BK court directly and ask if any informatoin is available in paper form on via a website as to filing in your state.

As to finding an attorney - just like physicians or other professionals, they all do something different or in a different manner. I can also suggest to you to do a search in your state as to top BK lawyers and see what pops up. We utilized the top BK lawyer in our state and I would have not done it any other way. You can also call your State Bar Association (in the "State" section in your phone book) and explain you need to investigate filing bankruptcy and have no idea as to where to start and would like some references to top BK lawyers in your area.

[WoodSprite]

Yikes! You certainly are getting a lot of mixed signals, baguy.

It's difficult for us laymen to remember that the law is not always cut and dried. "It's against the law" sounds pretty clear. In reality, when you get beyond the most basic issues (were you speeding or weren't you?), the law seems to be continually open to reinterpretation. The point of hiring an attorney, in my opinion, is to benefit from their experience with the judges entrusted with interpreting that law.

It might help to think of the process of interviewing several lawyers as looking for someone whose style you're comfortable with. Using the lien stripping issue as an example, it sounds as if the attorney who'd be willing to try it may be comfortable with a higher level of risk, or that he's looking to make a name for himself, or to fight for an issue he believes in. If you're comfortable with that, or excited by the prospect of being a test case, he might be the one to go with. On the other hand if you just want to get through this process with as little bloodshed as possible, you might rather choose someone who's not willing to make that foray into virgin territory with a judge who has shown a disinclination to allow such actions. It's up to you.

The vehicle ownership expense issue sounds a bit more as if there should be an actual RULE, but you'd probably have to do some research to figure that one out for yourself.

The only thing that really strikes me is that you should stay away from anyone who advises you to do anything shady. Planning your bankruptcy to protect assets is perfectly legal and wise. Hiding assets or insider payments is fraud, and anyone who advises you to do that should be avoided.

So I say trust your gut when choosing an attorney...and be prepared to do your own research!