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  • How Many People Here Can Afford An Attorney?

    To Everyone,

    I use this group to get as much info. about the
    BK process because I am unable to pay an attorney for advice. Most of
    your replys have been very helpful and I thank all of you but why do
    some of the people here reply " consult your attorney" for advice? I
    just want to find out how many other people in this group are unable
    to afford an attorney as well. Please reply to this post so other
    group members will be made aware that in many cases "consult your
    attorney" is NOT an option for many of us.

    Sincerely Dan

  • #2
    How Many People Here Can Afford An Attorney?

    Dan:

    Part of the problem is that there is only so much that a non-attorney can
    do, both in terms of knowledge and experience.

    For a federal system, bankruptcy is incredibly state and locality-specific
    in terms of practical requirements for doing things. Whether people keep tax
    refunds, their homes, what documents will be required, how property is sold
    during a bankruptcy, etc. all depend entirely on which state your case is in
    and which trustee and judge it has been assigned to.

    A local bankruptcy attorney should be aware of these locality-specific
    requirements (and yes, they are indeed requirements). There is no way you,
    as a non-lawyer, can know or learn in a short time what they are. And there
    is no way I, as an attorney practicing in Maryland and DC, can know what
    your trustee in Los Angeles, California will require.

    So when I say, "Speak with your lawyer," I'm telling you to speak with the
    one person who is both familiar with the details of your case and local
    practice.

    Your biggest problem as a pro se debtor is that you don't know what you
    don't know. I've taken over a number of cases where a debtor prepared and
    filed the various bankruptcy documents without the help of an attorney.
    Apart from the fact that the schedules generally have to be completely
    redone (the exemptions are usually wrong, debts are not listed, assets are
    not listed or are listed or valued incorrectly, the Statement of Financial
    Affairs is incorrect, and the budget is generally wrong), a number of these
    people lost their homes as a result of not being advised about what was
    required, how the process worked, how to value assets, how to deal with
    various types of debts, etc.--something an attorney is required to do.

    Others ran into severe problems at the Meeting of Creditors, where they have
    no one to turn to for preparation or advice, Generally, pro se debtors don't
    know what the Trustee is looking for, or how to properly deal with the
    Trustee's questions and concerns. One ended up being charged with bankruptcy
    fraud--all because she didn't understand the effects of what the information
    put in their schedules meant.

    Bankruptcy is a very tricky area of the law (even to attorneys who don't
    regularly practice it).

    Do yourself a big favor--see a lawyer.

    --
    Brett

    ************************************************** ***************
    * Personal Injury/Malpractice Bankruptcy *
    * *
    * BRETT WEISS, P.C. *
    * Attorneys at Law *
    * Maryland, D.C. and Federal Bars *
    * [email protected] *
    * www.brettweiss.com *
    * *
    * Small Business Estates & Estate Planning *
    ************************************************** ***************

    The Small Print: This response is for discussion purposes only. It isn't
    meant to be legal advice and you shouldn't treat it as such. If you want
    legal advice, speak with a local lawyer familiar with your state's laws who
    can review *all* of the facts and the law applicable to your situation.
    ************************************************** ***************

    "Dan" <[email protected]> wrote in message
    news:[email protected]
    To Everyone, I use this group to get as much info. about the BK process because I am unable to pay an attorney for advice. Most of your replys have been very helpful and I thank all of you but why do some of the people here reply " consult your attorney" for advice? I just want to find out how many other people in this group are unable to afford an attorney as well. Please reply to this post so other group members will be made aware that in many cases "consult your attorney" is NOT an option for many of us. Sincerely Dan

    Comment


    • #3
      How Many People Here Can Afford An Attorney?

      I can't afford an attorney. I'm going it alone.


      Dan <[email protected]> wrote in message news:<[email protected]>. ..
      To Everyone, I use this group to get as much info. about the BK process because I am unable to pay an attorney for advice. Most of your replys have been very helpful and I thank all of you but why do some of the people here reply " consult your attorney" for advice? I just want to find out how many other people in this group are unable to afford an attorney as well. Please reply to this post so other group members will be made aware that in many cases "consult your attorney" is NOT an option for many of us. Sincerely Dan

      Comment


      • #4
        How Many People Here Can Afford An Attorney?

        Just curious, im doing some research, but what if you could make payments?
        would that affect your decision?

        Corey


        "lakinapook" <[email protected]> wrote in message
        news:[email protected] om...
        I can't afford an attorney. I'm going it alone. Dan <[email protected]> wrote in message
        news:<[email protected]>. ..
        To Everyone, I use this group to get as much info. about the BK process because I am unable to pay an attorney for advice. Most of your replys have been very helpful and I thank all of you but why do some of the people here reply " consult your attorney" for advice? I just want to find out how many other people in this group are unable to afford an attorney as well. Please reply to this post so other group members will be made aware that in many cases "consult your attorney" is NOT an option for many of us. Sincerely Dan

        Comment


        • #5
          How Many People Here Can Afford An Attorney?

          I spoke with an attorney who would accept payments, but wouldn't
          actually go forward with the filing until all the payments were made.
          The guy wanted 1000.00 plus ofcourse the filing fee. I have been
          unemployed for quite some time now, and it would have probably taken
          me a year just to pay him AND the filing fee. As it is, I am making
          payments on the filing fee of 50 dollars a month. After I researched
          bankruptcy filing in general, I didn't think my case was complicated
          enough to merit paying someone a thousand dollars. And every other
          attorney I spoke with wanted the same amount give or take a hundred.
          The fees were prohibitive for someone who is truly in dire straits.






          "Corey" <[email protected]> wrote in message news:<[email protected]_s53>...
          Just curious, im doing some research, but what if you could make payments? would that affect your decision? Corey

          Comment


          • #6
            How Many People Here Can Afford An Attorney?

            [email protected] (lakinapook) wrote in message news:<[email protected] com>...
            I spoke with an attorney who would accept payments, but wouldn't actually go forward with the filing until all the payments were made. The guy wanted 1000.00 plus ofcourse the filing fee. I have been unemployed for quite some time now, and it would have probably taken me a year just to pay him AND the filing fee. As it is, I am making payments on the filing fee of 50 dollars a month. After I researched bankruptcy filing in general, I didn't think my case was complicated enough to merit paying someone a thousand dollars. And every other attorney I spoke with wanted the same amount give or take a hundred. The fees were prohibitive for someone who is truly in dire straits. "Corey" <[email protected]> wrote in message news:<[email protected]_s53>...
            Just curious, im doing some research, but what if you could make payments? would that affect your decision? Corey
            You can almost always "consult" with an attorney for free, to pass up
            on that would be pretty foolish. Retaining them is another matter.
            (IMO) At the very least a person considering filing should consult
            with several attorneys, explain their situation, and they will
            probably get at least some very useful-and free-advice. I have
            probably talked to 7-8 different attorneys on the phone and I've
            learned quite a bit. Enough that I will probably retain one with the
            best mix of good advice and good rates. Make a list of your questions
            and ask at least several the same questions. If they act too annoyed
            or self-important after less than 4-5 minutes (and some will) hang up
            on them, cross them off the list, and go to the next one. Some will
            talk your ear off. Many attorneys charge 1000-1200 (includes filing)
            in my area, but I think I've found a pretty good one for 800 by
            shopping around. Thats only 600 more than it would cost to do it
            myself, and while 600 seems like a lot of money to a bankrupt person
            I'd rather not find out that I should have hired one when its too
            late! When I think of the things that could potentially go wrong (most
            of which I probably dont even know), 600 seems like a small price to
            pay for some peace of mind. What good is filing bankruptcy if you find
            yourself still ****ed afterwards?

            Comment


            • #7
              How Many People Here Can Afford An Attorney?

              Dan, check around, our attorney's fees were figured into the
              bankruptcy, he was paid thru our weekly payments. We paid nothing up
              front.

              Comment


              • #8
                How Many People Here Can Afford An Attorney?

                He is talking about a Ch 7, in which there is no payment plan to incorporate
                attys fees.

                Corey

                "Debra" <[email protected]> wrote in message
                news:[email protected] om...
                Dan, check around, our attorney's fees were figured into the bankruptcy, he was paid thru our weekly payments. We paid nothing up front.

                Comment


                • #9
                  How Many People Here Can Afford An Attorney?

                  The real question you should be asking is why am I filing a Bankruptcy?
                  If you came to my office, I would first tell you that there is no
                  need to file when you have nothing to lose. If you are unemployed no
                  one's going to garnish you until you have wages to garnish!

                  Why not wait until you have something to lose!

                  lakinapook wrote:
                  I spoke with an attorney who would accept payments, but wouldn't actually go forward with the filing until all the payments were made. The guy wanted 1000.00 plus ofcourse the filing fee. I have been unemployed for quite some time now, and it would have probably taken me a year just to pay him AND the filing fee. As it is, I am making payments on the filing fee of 50 dollars a month. After I researched bankruptcy filing in general, I didn't think my case was complicated enough to merit paying someone a thousand dollars. And every other attorney I spoke with wanted the same amount give or take a hundred. The fees were prohibitive for someone who is truly in dire straits. "Corey" <[email protected]> wrote in message news:<[email protected]_s53>...
                  Just curious, im doing some research, but what if you could make payments?would that affect your decision?Corey

                  Comment


                  • #10
                    How Many People Here Can Afford An Attorney?

                    In my case, I filed because I was laid off. Although I have nothing
                    to lose and no wage to be garnished at that time, I needed to file
                    because I believed that my job situation was temporary. Once I found
                    a job, the creditors would be going after me with outrageous penalties
                    and fees. I do not want to wait until I got a job offer to complicate
                    the situation.




                    Bill <[email protected]> wrote in message news:<[email protected]>...
                    The real question you should be asking is why am I filing a Bankruptcy? If you came to my office, I would first tell you that there is no need to file when you have nothing to lose. If you are unemployed no one's going to garnish you until you have wages to garnish! Why not wait until you have something to lose! lakinapook wrote:
                    I spoke with an attorney who would accept payments, but wouldn't actually go forward with the filing until all the payments were made. The guy wanted 1000.00 plus ofcourse the filing fee. I have been unemployed for quite some time now, and it would have probably taken me a year just to pay him AND the filing fee. As it is, I am making payments on the filing fee of 50 dollars a month. After I researched bankruptcy filing in general, I didn't think my case was complicated enough to merit paying someone a thousand dollars. And every other attorney I spoke with wanted the same amount give or take a hundred. The fees were prohibitive for someone who is truly in dire straits. "Corey" <[email protected]> wrote in message news:<[email protected]_s53>...
                    Just curious, im doing some research, but what if you could make payments?would that affect your decision?Corey

                    Comment


                    • #11
                      How Many People Here Can Afford An Attorney?

                      My reasons exactly. Although the lay off has stretched on longer than
                      I ever thought possible. And I am not getting phone calls day and
                      night, which is a relief.

                      In my case, I filed because I was laid off. Although I have nothing to lose and no wage to be garnished at that time, I needed to file because I believed that my job situation was temporary. Once I found a job, the creditors would be going after me with outrageous penalties and fees. I do not want to wait until I got a job offer to complicate the situation. Bill <[email protected]> wrote in message news:<[email protected]>...
                      The real question you should be asking is why am I filing a Bankruptcy? If you came to my office, I would first tell you that there is no need to file when you have nothing to lose. If you are unemployed no one's going to garnish you until you have wages to garnish! Why not wait until you have something to lose! lakinapook wrote:
                      I spoke with an attorney who would accept payments, but wouldn't actually go forward with the filing until all the payments were made. The guy wanted 1000.00 plus ofcourse the filing fee. I have been unemployed for quite some time now, and it would have probably taken me a year just to pay him AND the filing fee. As it is, I am making payments on the filing fee of 50 dollars a month. After I researched bankruptcy filing in general, I didn't think my case was complicated enough to merit paying someone a thousand dollars. And every other attorney I spoke with wanted the same amount give or take a hundred. The fees were prohibitive for someone who is truly in dire straits. "Corey" <[email protected]> wrote in message news:<[email protected]_s53>...>Just curious, im doing some research, but what if you could make payments?>would that affect your decision?>>Corey>>

                      Comment


                      • #12
                        Can't afford an attorney

                        I know i can't. I am a single mom raising 3 kids on $13 an hour and child support gets paid when it gets paid. I had some major setbacks this last year and was barily able to get by. FYI for 2 weeks we had to take cold showers because i couldn't pay my gas bill.

                        Needless to say, after the setbacks and no extra money I finally had to file for bankruptcy to hold onto my house and hopefully car. A local lawyer was going to do it for $700 plus court cost of $300. So I begged and borrowed only to get theree and be told he couldn't represent me becasue he was the best buddy with a guy that worked for one of my creditors. The next closest was $1200 which I could not come up with the difference. Best part and I am still trying to figure this out, I also do not qualify for free legal aid because I make to much. Yeah right!

                        Originally posted by Brett Weiss
                        Dan:

                        Part of the problem is that there is only so much that a non-attorney can
                        do, both in terms of knowledge and experience.

                        For a federal system, bankruptcy is incredibly state and locality-specific
                        in terms of practical requirements for doing things. Whether people keep tax
                        refunds, their homes, what documents will be required, how property is sold
                        during a bankruptcy, etc. all depend entirely on which state your case is in
                        and which trustee and judge it has been assigned to.

                        A local bankruptcy attorney should be aware of these locality-specific
                        requirements (and yes, they are indeed requirements). There is no way you,
                        as a non-lawyer, can know or learn in a short time what they are. And there
                        is no way I, as an attorney practicing in Maryland and DC, can know what
                        your trustee in Los Angeles, California will require.

                        So when I say, "Speak with your lawyer," I'm telling you to speak with the
                        one person who is both familiar with the details of your case and local
                        practice.

                        Your biggest problem as a pro se debtor is that you don't know what you
                        don't know. I've taken over a number of cases where a debtor prepared and
                        filed the various bankruptcy documents without the help of an attorney.
                        Apart from the fact that the schedules generally have to be completely
                        redone (the exemptions are usually wrong, debts are not listed, assets are
                        not listed or are listed or valued incorrectly, the Statement of Financial
                        Affairs is incorrect, and the budget is generally wrong), a number of these
                        people lost their homes as a result of not being advised about what was
                        required, how the process worked, how to value assets, how to deal with
                        various types of debts, etc.--something an attorney is required to do.

                        Others ran into severe problems at the Meeting of Creditors, where they have
                        no one to turn to for preparation or advice, Generally, pro se debtors don't
                        know what the Trustee is looking for, or how to properly deal with the
                        Trustee's questions and concerns. One ended up being charged with bankruptcy
                        fraud--all because she didn't understand the effects of what the information
                        put in their schedules meant.

                        Bankruptcy is a very tricky area of the law (even to attorneys who don't
                        regularly practice it).

                        Do yourself a big favor--see a lawyer.

                        --
                        Brett

                        ************************************************** ***************
                        * Personal Injury/Malpractice Bankruptcy *
                        * *
                        * BRETT WEISS, P.C. *
                        * Attorneys at Law *
                        * Maryland, D.C. and Federal Bars *
                        * [email protected] *
                        * www.brettweiss.com *
                        * *
                        * Small Business Estates & Estate Planning *
                        ************************************************** ***************

                        The Small Print: This response is for discussion purposes only. It isn't
                        meant to be legal advice and you shouldn't treat it as such. If you want
                        legal advice, speak with a local lawyer familiar with your state's laws who
                        can review *all* of the facts and the law applicable to your situation.
                        ************************************************** ***************

                        "Dan" <[email protected]> wrote in message
                        news:[email protected]

                        Comment


                        • #13
                          I can't afford an attorney either. Our company is owed money, we'd have to hire an attorney to pursue those who owe us (with a very low probability of actually collecting) yet in order to be able to pay the attorney I'd actually have to have some money....which I don't have because we're owed money..lol...and round and round it goes...

                          Comment


                          • #14
                            If you can't afford an attorney contact legal aid or a local law school for free or cheap help.

                            Comment


                            • #15
                              duped, please do not post to long dead threads.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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