Re: bankcruptcy

Posted by SunnyVB (216.222.112.140) on March 21, 2004 at 00:08:35:

In Reply to: bankcruptcy posted by suied on March 20, 2004 at 20:05:56:

Bankruptcy filed by a good, experienced attorney is usually granted not just because they're an attorney, but because he/she has interacted with the trustees in the district you're filing in, and the atty knows what will be accepted and what won't. On a bk board I read, there are several people (including one east coast bk attorney) saying that pro se filers are being closely scrutinized partly because bk filings are up due to the economy and the threat of the bk reform bill passing. Also, because the number of filings are up, trustees are overworked and get snippy when paperwork isn't completed correctly, or the proper paperwork isn't presented at the 341. The smoother the process is for the trustee, the better it'll go for you.

The worst that could happen is a trustee could recommend that the judge dismiss (throw out) the case with prejudice. That means you couldn't refile for 180 days, and when you did refile, those debts that were dismissed with prejudice could not ever be discharged in bk. In that case, the creditor could sue you and get a judgment. In many states, judgments last 10 years or more, and can be renewed forever -- until you get some property they can put a lien on, or until you pay.

The creditors who show up to the 341 (if any do) are very polite. They could be found in contempt if they tried any of the things you mentioned. They usually just ask if you wish to reaffirm the debt, and if not they may arrange to get the merchandise back.

I personally would not file without an attorney. After reviewing the paperwork my atty filled out, I saw several things I'd have messed up had I done it myself. He finessed my expenses to decrease an item that was questionable, and increase items that he knew would be acceptable to the trustee. He also helped me legally protect one asset that I otherwise would have lost just because I didn't know any better. I feel very confident going into my 341 that everything is copacetic.

Most bk attorneys offer the first consultation for free. My advice is to make appointments with at least 3 lawyers who specialize in bk and meet with each one. The first meeting is just to discuss your options, you have no obligation to retain any attorney.

Questions you might ask each one are: How long have you been practicing bk law in this disctict? How many ch7's have you handled? Have any been dismissed by the court? How much time can I expect to spend with you personally? Who would answer any questions I have, you or a paralegal? Are there any situations where I may need to pay more $$ than the fee you've quoted? (ie vacate judgments, defend creditor accusations of fraud, etc.)

Here's an expense calculator to help your attorney determine if you're eligible for a chapter 7. FIll it out, then print it and take it with you to each consultation.
http://www.ca-bankruptcy-attorneys.com/calculators/expense_calculator.html

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