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Finding a Lawyer

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PleioneG
Regular Contributor

Finding a Lawyer

I'm outside the Philadelphia area. Trying to find a lawyer in Delaware County but will do Philadelphia if necessary. One lawyer I found is charging $1400 and needs it upfront. He doesn't do payments because if I file a BK7 (which every lawyer says we qualify for) that it would put any payments with him as being discharged. I obviously wouldn't do that. We're struggling to pay bills so its just me trying to figure out how can we make the payments to PAY a lawyer. Is this how it is? Did any lawyers work with you? Do you think I should keep searching?

BK7 Discharge: 2/18.
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2 REPLIES 2
Anonymous
Not applicable

Re: Finding a Lawyer

Most attorneys will not accept payments after filing. They will accept payments until you have enough to file, however. So your options are: 

 

1) Delay your filing until you have enough money

2) File yourself

3) Work with a non-attorney, such as Legal Aid

Message 2 of 3
Anonymous
Not applicable

Re: Finding a Lawyer

leonal9 is correct: any attorney is going to require you to pay them in full, up front, before they will file your case. According to NOLO,

 

Paying Your Attorney in Chapter 7 Bankruptcy

Attorneys’ fees in a Chapter 7 case must be paid before the case is filed. This is because you get rid of most unsecured debt in a Chapter 7 case, which means any debt for attorneys’ fees will also be eliminated. Your attorney will require you to submit full payment before filing in order to get paid.

http://www.alllaw.com/articles/nolo/bankruptcy/paying-lawyer-attorney-fees.html 

(NOLO's bankruptcy site is a great resource I recommend browsing as you are looking into your situation.)

 

Many attorneys will allow you a payment plan, but they still will not file the case until the payments are complete. 

 

I had to delay filing in order to save up the cash for my payment. I did not do a payment plan, I just kept my attorney updated on the status of my case until I had my payment saved, and waited to sign my retainer until I plunked down the cash. (I wanted to keep my options open.)

 

As far as how to find a lawyer, I always recommend the following:

* If you, your spouse or a househood member work, and your employer has an Employee Assistance Program/EAP, definitely check into their legal service. EAPs are required by law to maintain confidentiality except in certain cases e.g. subpoena or potential harm to self or other. You will often receive discounts this way.

* If you are part of a union of any type, they also have similar legal referral services. Check with your union. Same with the discounts.

* Other affiliation groups sometimes have referral services as well. 

* Word of mouth is wonderful, if you have anyone you are comfortable discussing your situation with.

* Of course, there is always old-fashioned internet search. When you find an attorney's name, search "[their name] [location] reviews" and see what comes up. Take it with the recommended grain of salt, but sometimes this is the best information we have.

* Schedule at least two consultations - almost always free, and takes less than an hour of your time - and come up with as many questions specific to your situation as you can. For instance, I had several questions specific to how my job would be affected by filing BK, and I brought agreements I had signed with specific language highlighted. When one attorney hand-waved away my concerns, I thanked them for their time and did not return. When another attorney (kindly) stated they had no knowledge in my areas of concern, I also thanked them for their time and honesty and said I would continue my search. I did eventually find an attorney who fit my needs. But this process is going to give you the most information: the one in which you actually sit down, in person (not by phone, if at all possible) and ask all the questions you can think up, and judge the heck out of the attorney for how they answer them. :-)

 

Best of luck OP.

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