Is it possible to be too prepared?

[Tater]

Hubby and I met with an attorney for a free consult tonight. I have to admit I am anal and very organized when it comes to paperwork. The attorney told me I was too prepared for a free consult... Huh? I had made a spreadsheet of our expenses and income. They didn't provide us with any initial paperwork so I thought this would be helpful. I also took copies of W-2's and unemployment benefit payments. I even had my questions typed in Word so I printed those off. That is just easier for me.

Anyway, some of the questions the lawyer really didn't know the answer to. They really were just basic questions. Others he just talked around. He did try to guarantee us that we would qualify for a Chapter 7 even though we were over median income. How? He just kept trying to reassure us he could do this and was pushy about getting a retainer. I think I hurt his feelings a bit when I said we had other appointments.

No way is this guy getting my money. I can cross this one off the list and look at it as a lesson learned. I have another consult with a lawyer on my own on Friday. She said she would meet with me and discuss things. We have two other meetings scheduled over the next couple of weeks. I just appreciate everyone telling us to shop around! I understand completely now. Two consults so far and neither we were impressed by.

Anyway, we went out to dinner afterward. We have a few restaurant gift cards and thought we deserved to use one after that fiasco. He did mention one other thing about the mortgage. He said it's best to reaffirm in our state. I didn't agree with this because we have no intention of reaffirming the mortgage. I've read the long topic on this on here as well as other lawyer's opinions that I have found online. Life just has way too many unexpected events.

I hope it's okay to vent a little! My brain hurts from all the research and reading I've done....

[keepsmiling]

Vent away! That's what we are here for.
The first lawyer we spoke to told me to "stop reading" the forum.
This is exactly why we always tell folks to visit a handful of attorneys.
No, especially when you are over the median- you CAN'T be "too prepared"

[Drazil65]

No, being too prepared is being smart...this is what the free consults are all about! Keep going until you find the one that you are comfortable with and answers your questions without being evasive or unknowledgable. Yeah, no on the reaffirmation, good job on crossing this one off...

[SMinGA2]

Some things are state/district specific - so its hard to answer the reaffirmation question here as it pertains to your district. (But my gut instinct says NOOOOOOO!)

Anyhow, if you were not comfortable with this attorney - then look for another. When we filed ch. 7 in 2005, the attorney we met with was AWFUL. Sounds a bit like this one you described. Couldn't answer many of the questions I had for him, didn't seem professional/responsible. We ultimately filed pro se as a result. This was just before the laws changed in 2005, attorneys had waiting lists to be seen and we didn't have time to find a good one. Plus we were dealing with a garnishment.

[tobee43]

LOL!! too prepared? no such animal! & vent ahead!

you did the correct thing, walk to your nearest exit and do not look back. atty's are a dime and dozen and there are some excellent atty's out there, you just to find one. it took us 5 consults! funny thing is we went with the firm that was more "quiet" in nature, extremely intelligent, actually kind, but had an answer to each and everyone of of our questions. what a delightful change, and breath of fresh air, from the loud mouth know it all types we also encountered. we had one that was really angry about the amount of unemployment we were rec'ing!!! wheww...the bad ones are out there, just like the good ones.

take you time and feel comfortable with whomever you chose, you want to make certain of that best of luck!

[KAM465]

"He said it's best to reaffirm in our state. I didn't agree with this because we have no intention of reaffirming the mortgage. I've read the long topic on this on here as well as other lawyer's opinions that I have found online. Life just has way too many unexpected events."

Where in Ohio are you Tater? I am over median Chapter 7 in Northern district (Akron), but fighting motion to dismiss or convert to 13 because of presumed abuse. My attorney never indicated to reaffirm mortgage as the best thing to do. In fact as stated here, he highly discouraged it. I did end up having to reaffirm my car lease with Ford Credit as they pretty much insist on it or risk losing the vehicle. F

[Tater]

From what I've read on some attorney's websites that handle bk's in my area, some recommend not to reaffirm the mortgage. We aren't dealing with any lawsuits yet but one of my husband's creditor's may get aggressive from what I've heard. I'm trying not to worry about it because I don't want to rush into anything. It's always in the back of my mind though and one of the questions I have on my list. Luckily, we have the money for an attorney, but we are over median income so I want to make sure the lawyer we choose has their act together. I'm learning this is a day by day process!

[Tater]

"He said it's best to reaffirm in our state. I didn't agree with this because we have no intention of reaffirming the mortgage. I've read the long topic on this on here as well as other lawyer's opinions that I have found online. Life just has way too many unexpected events."

Where in Ohio are you Tater? I am over median Chapter 7 in Northern district (Akron), but fighting motion to dismiss or convert to 13 because of presumed abuse. My attorney never indicated to reaffirm mortgage as the best thing to do. In fact as stated here, he highly discouraged it. I did end up having to reaffirm my car lease with Ford Credit as they pretty much insist on it or risk losing the vehicle. F

KAM,

Our bk will be filed through Toledo so I believe that is the Northern District as well. I don't have a problem reaffirming a car payment and from what I've read, it may be required or that can come get your car, even if you are current on your payments. I've only had one attorney's office really take the time with me on the phone. They had a set of questions they asked and then the appointment was made. Like tobee said, lawyers are a dime a dozen. Even though I live in a rural area, there are plenty of bk attorney's within a 30 mile radius. It kind of cracked me up this morning when I rethought about being too prepared. It made us wonder how unprepared he really is!

[SweetGeorgia]

Tater, there's no such thing as too prepared. An attorney who tells you that wants to be your sole source of information, which will be nothing but frustrating when you eventually have questions or disagree with his advice.

Dunno about the house reaffirmation, but it sounds like a bad idea!

Go with your gut and keep interviewing.

And I'll make a suggestion that may be controversial, but it's possible that he's a sexist a$$. I had an accountant like that, who did a fine job - but he dissed me at every single meeting and it really chapped me to write him a $2K+ check every year. Also my bankruptcy attorney, who also did a fine job but would only return my husband's phone calls (not mine). (Do I need to point out that I'm the one who does all the math/finance/money work in my household?) Wish I'd gone with my gut in both cases.

[LadyInTheRed]

Also my bankruptcy attorney, who also did a fine job but would only return my husband's phone calls (not mine). (Do I need to point out that I'm the one who does all the math/finance/money work in my household?) Wish I'd gone with my gut in both cases.

Reminds me of our insurance agent. I also handle the money in my household. While both me and my husband are both named insureds (with different last names) on our home and auto insurance, only my name is on both cars and the house and I am the only one who has had any contact with the agent. Mail from the insurance company always comes addressed to somebody with my husband's first name and my last name! I've tried to get the error corrected, but all marketing material still comes addressed that way, regardless of how the actual policy reads. The agent himself seems to have finally gotten the name straight, but when he calls to try to get us to review our coverage, he always leaves the message for my husband only. Very annoying! You'd think that in 2012, business people (and the people who enter data into their computers) would get a clue!

[btbeme]

Reminds me of our insurance agent. I also handle the money in my household. While both me and my husband are both named insureds (with different last names) on our home and auto insurance, only my name is on both cars and the house and I am the only one who has had any contact with the agent. Mail from the insurance company always comes addressed to somebody with my husband's first name and my last name! I've tried to get the error corrected, but all marketing material still comes addressed that way, regardless of how the actual policy reads. The agent himself seems to have finally gotten the name straight, but when he calls to try to get us to review our coverage, he always leaves the message for my husband only. Very annoying! You'd think that in 2012, business people (and the people who enter data into their computers) would get a clue!

So it comes addressed to Mr. Lady? Or is it Fred Red?

[oregonpilot]

Good one bt...and its only 10:30 pm. You are on a roll....Have a good one!!

[LadyInTheRed]

LOL! It comes to Fred Red.

[12000debt]

funny thing is we went with the firm that was more "quiet" in nature, extremely intelligent, actually kind, but had an answer to each and everyone of of our questions.

That was my experience when I had my first 'consult' this past Friday.

Hired.

[tobee43]

That was my experience when I had my first 'consult' this past Friday.

Hired.

i hope it works out as well for you as it did us