Selecting A BK Attorney

[nioka]

How did you select your BK attorney?

I have met with two and I liked them both. However, the second one singled in on something the first one did not mention and that was a credit report. I asked why he needed a credit report and he told me they wanted to be sure there were no debts that I was not aware of.

I did have an issues with a medical provider several years ago. I firmly believe that was resolved, but then you never know. I like the fact the second lawyer seemed to have all bases covered.

I first one wanted $1400 and the second $1500.

[cometkitty]

We just did all of our paperwork with our attorney last week. He pulled our credit right there and had some software that looked like it exported all of our creditors over from the credit report. So the other attorney you saw might do that and have just not mentioned it.

We only met with one attorney and went ahead and decided to work with him. He seemed really upfront and I liked that he ONLY did BKs...no other areas of law.

[Pjmax]

Nioka, it might be a good idea if you pull all 3 credit reports from annualcreditreport.com. You are entitled to a free report annually from each of the 3 CRA's. Even if there are no surprises, it might come in handy down the road. Post-BK, if there are any changes or something is on your report that shouldn't be, it helps to have pre-BK reports to compare. You can download them to your computer as PDF's, and print them out later.

It's routine for a BK attorney to pull your credit reports. I had actually just pulled mine before my attorney appt., so I gave him copies of the ones I had. They use that info to list all your creditors. Sometimes attorneys charge extra to run credit reports, sometimes it's included.

That's something you need to know, what is included and not included in the fee. I saw 3 attys. before hiring one. Only one atty. gave me a copy of the agreement, with a quoted fee, and a list of what was included and what services would be extra, at the first meeting. Just for example as to what might be extra, mine charged $350 to vacate a judgement. He also clearly stated he did not deal with credit report repair issues post-BK. Some attorneys do it all for one fee.

[LadyInTheRed]

I don't think the credit report issue is a basis on which to decide on an attorney. As already pointed out, the other attorney may plan to pull your report. A $100 fee difference is also not a good basis for making the decision. Some things to consider when comparing attorneys:

How long have they practiced bankruptcy?
How many BKs do they file each year and what portion are the Chapter you will file?
Who will be your primary contact during your case? Have you met that person?
How responsive has the attorney and his staff been?
Did they give detailed answers to your questions?
Did they take the time to listen to your concerns and explain the BK process to you?

Some of the decision will be based on a general feeling you get from the attorney and his/her staff. All things being equal, you should hire an attorney you are comfortable with. If one attorney doesn't stand out over the other, try sending each one an email with a list of follow up questions and see how they respond. Or go on more consultations. One questions you could ask is whether they recommend you pay post-petition HOA fees after you file and why they make that recommendation.

[nioka]

PJMax

You did not have any problems with annualcreditreport.com.?


LadyInTheRed,

Both attorneys said I would be responsible for the HOA fees post bankruptcy. The first one said I could ignore the HOA fees because my income, SS & pension, cannot be garnished.

The second one told to pay the HOA fees post bankruptcy and stay at the house until a new owner takes over.

[nioka]

I just met with the third and final attorney. (That's all of them in a 50 mile radius).

None of them impressed me, but there was a big difference in the assistants. #1 and #3 both had good assistants who listened and seemed knowledgeable. All told me I would be mainly dealing with the assistants rather than the attorney himself. #1 and #3 were both the same in price and less expensive than #2. One major difference was #2 and #3 are 50 miles away whereas #1 is 10 miles. I was told #3 was a certified bankruptcy lawyer. (Whatever that means).
I think #1 will get the job. Personable assistant, closest office, seemed knowledgeable, and lowest price.

[Blossoms]

My husband and I found our bk attorney online, while searching for an attorney who would do a payment plan. I had met with two other attorneys prior. One didn't seem particularly knowledgeable, and wanted $1000 to file. The other seemed very knowledgeable, but wanted $1200. The one we went with only charged us $500, and was willing to take half to start our case and file, and the other half at the 341 meeting. Plus he got us set up on a payment plan for the court filing fees, too.

We were unable to meet him at his office, so he met with us every time at a restaurant that was midway between his office, and our home, and he was willing to meet on weekends/evenings, too.

He got our paperwork done in a week, and even filed it on a Sunday, since we needed it filed quickly. We gave him a list of our debts, but he also pulled a three in one credit report for each us, to make sure nothing was missed. He's been available to answer questions on weekends and evenings, too. He used to be an attorney for our county's prosecutors office, and has been doing bankruptcies for 10 years, so I feel confident in his abilities. Plus I like that I'm working directly with him, not a paralegal or secretary. He's just a sole practitioner, not an employee of a big law firm.

Good luck!

[LadyInTheRed]

I was told #3 was a certified bankruptcy lawyer. (Whatever that means).

You can read a little about what that means at http://www.cletn.com/Specialists.aspx. To me, the certification is a plus. My bankruptcy attorney is one of very few certified BK specialist in my county. The other two attorneys I met weren't. But, my decision to hire him had more to do with our meeting than the certification. If it was a toss up, the certification would have made the difference for me even if he were 40 miles further away. But, an attorney without the certification could just as experienced and qualified as one with the certification.

[tobee43]

i very much agree with Lady here. while times were getting hard and many people were getting hit with the economic downturn, that also included attys. many civil atty's for example began to handle bk's really without having the expertise in that field. not to say they were not competent, however, many just don't know all the ins and outs as much as a "certified" bk atty does. for example, if you had an AP, many of these attys who quickly changed their practices would have to refer their clients to other attys not in their office. it's best to have a one stop shop, at least to me. our atty ONLY did bankruptcy that was the entire practice, although now that practice; while many practices closes as a result of this recession; has today grown and extended to other areas of law.

while Lady also points out these attys could be just as experienced and qualified, i'm sure that's true, but if it were me, i would go with the one with the certification.

[jst4f]

We went with our BK attorney based on our meeting and that BK is the only thing they do. They have a great reputation with the TTs and the court, as related to us by another attorney, non BK. Our BK went very smooth.

[ValleYum]

nioka!

As thorough and as worried as you have been over the details of your case, I personally can't believe you would let $100 and 40 miles pick your BK attorney - everything else being equal. But in my opinion, things aren't equal with #3 being a certified BK attorney so #3 would definitely win my business.

Also, what did #3 say about the HOA fees?

In the interim (again this is just my opinion), I would start to put your 'plan of attack' into action.

My suggestions?

• STOP paying mortgage and credit cards and put the money aside into your new bank account. Utilities, HOA, insurance, taxes, etc. are up to you.
• Print off or save to a PDF file your Annual Credit Report free copies for your files.
• Print off (or save as a PDF file if your bank allows it) all your CC and bank statements from the last year or so. Typically you will lose access to statements, etc. as soon as you file.
• Buy a thumbdrive to put all the PDF files regarding your BK onto it as a 'back-up'. A decent thumbdrive is under $10.
• Start a "Keep" "Donate" and "Trash" piles for your belongings. Start donating and trashing the stuff you no longer want or need as applicable as long as it has no value to your BK estate.
• Get a few boxes and start packing up knick knacks, rarely used books, appliances, etc. - this will help you to get yourself ready to be able to act faster in case the need to move arrives sooner as opposed to later.

Just my .02 and some things that helped me keep myself busy which in turn helped me get through all those "OMG what if???" kind of times during the BK process.

[nioka]

ValleYum,

Thanks for the post and advice.

I have stopped paying mortgage and CC's. I continue to pay water and electric. My HOA lumped an unjust fine with the HOA dues thus preventing me from paying the HOA fees without paying the combination bill so they will get nothing.

I got my free copy of my credit report and have it in PDF also.

Also using flash drive as you suggest.

I have all my CC and bank statements, hard copies, from 2013. Do you think I need to download in PDF format?

I have also started donating items I cannot take with me and packing important items I don't currently need.

I have also found a local storage and a speedy mover service just in case. (However, from what I have recently learned my
mortgage company is very slow to react and I expect I could be here from 4 months to years).

I also went back and asked questions of the attorney's assistants. The most helpful was #1.

BTW, #3 is certified in another county. #1 is in the county I live in and is also certified in this county. #1 only does BK's.

#3 said the HOA fees/fines and other costs would be discharged but I would need to continue to pay those HOA dues after my discharge.

I appreciate all the advice I have gotten, and continue to receive, here. Thanks for your help.

BTW, I have my new dentures I have put off for so long. Tomorrow my dog gets the surgery he needs. I have an appointment in January to see about my cataract surgery. I am doing this by not paying my bills and I will also have enough to pay my attorney and that will leave me with $.67.

[nioka]

In reading some of the older posts I learned what PACER and AVVO were.

I inputted the information from the three attorneys I met with and only one came up on AVVO. He had a 7.4 (very good) rating. He is also certified.

How important is this AVVO rating?

Thanks

[LadyInTheRed]

I would put very little weight on an Avvo rating and no weight at all on the fact an attorney isn't listed.

[treynlds]

May I humbly suggest a search for sanctions/suspensions?
I had a wonderful consult with an attorney who was sharp as a tack.

A search revealed him being under suspension in my state.