Re: meeting with BK lawyer

Posted by SillyLilly (216.222.110.77) on July 29, 2004 at 21:57:29:

In Reply to: meeting with BK lawyer posted by mk on July 28, 2004 at 20:40:43:

How many chapter 7 (or 13) bk's have you filed in the last 6 months? I wouldn't hire one who hasn't filed at least 4 cases per month for the last 6 months. I wany my attorney to be very familiar with the trustees and which expenses will fly and which won't, how they prefer the paperwork to be filled out, etc.

Were any dismissed for substantial abuse, or any other reason other than that the debtor withdrew their petition? (ask about sub. abuse only if you're going for a 7)

Have any creditors filed an objection to discharge and won? (If they have, this would indicate the lawyer either isn't taking the initiative to ask his clients about their recent charge card history, or he isn't advising his clients in their best interests.)

If you have a special circumstance, ask if he/she has dealt with this recently. (i.e. If your car is upside down you may want to look into a 722 redemption, or if you have back child support owed to you, you need to find out if the Trustee will sue your ex to recover it and what happens to the money recovered, or if you have a lawsuit pending, etc..)

Definitely ask how much time the attorney will personally spend with you, and who will answer questions when you call - lawyer, paralegal, receptionist, etc.

Ask exactly what the fee you're paying covers. Some attorneys charge more to add creditors if you forget one, or to vacate a judgment, or to defend you if a creditor objects to discharge of a particular debt, etc.

Definitely interview several. Also, you may want to go to a 341 meeting before you start interviewing attys if you have the time. The attorneys are posted in the order they appear (at least in most districts) and you can learn a lot about how each one interacts with the trustee, whether the trustee tends to grill one atty's clients more than another, whether the atty messed up on paperwork, etc. Sitting thru 1 hour before my turn came, I learned an awful lot! There were 2 attorneys I would never hire. One messed up paperwork so bad the trustee refused it and rescheduled them for a future 341 meeting.

Good luck!

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