topic Re: BK Lawyers in Bankruptcy

BK Lawyers

Anonymous — Sat, 09 Feb 2019 04:15:37 GMT

I'm wondering have others had this. They hired a lawyer and someone else ended up going to the 341 hearing in their place?

Re: BK Lawyers

TekkenQQ7 — Wed, 16 Jan 2019 07:07:51 GMT

Again don't over complicate the situation, it's very simple. First google bankruptcy attorney in your area. Second look for the most affordable one to your budget ( they all can get the job done you don't need the most talented and expensive one) as long as you don't have a complicated case. Third at the meeting with creditors my attorney didn't say a word other that his credentials for the record, you are the one whose going to answer all the questions, 5 min max.

Re: BK Lawyers

Anonymous — Wed, 16 Jan 2019 08:17:29 GMT

I don't have the personal experience you are asking about, but I have seen cases where a larger firm sends other staff members to the 341 meetings. They really play no important role other than what @jazmar described.

Re: BK Lawyers

FireMedic1 — Wed, 16 Jan 2019 08:53:10 GMT

I had a different lawyer with me during my 341 meeting. She was part of the group thats based out of Orlando where the courts are but have offices around Central FL and I live 70 miles from Orlando. BK courts have districts. They're not at every local courthouse. So you may not see your orginal lawyer at the 341. Its over in minutes and off you go.

Re: BK Lawyers

Anonymous — Sat, 09 Feb 2019 04:15:57 GMT

Has anyone that you know of in these forums had issues?

Re: BK Lawyers

FireMedic1 — Wed, 16 Jan 2019 09:07:05 GMT

In the three yrs here. Nope. The process leading up to the 341 is stressful yes. But afterwards you say to yourself I got all worked up over this? Piece of cake. Dont let it make a mountain over a mole hill.

Re: BK Lawyers

Anonymous — Wed, 16 Jan 2019 13:27:50 GMT

I believe it to be, at least in my area, a common practice. We hired an attorney from the nearest metro-area, although we were about 60 miles away, and he was very clear with us that he would likely have another attorney present with us at the 341 meeting due to the distance. His office still handled all matters related to the case, but he had partnered up with different attorneys, in different districts, to broaden his coverage.

Re: BK Lawyers

Lurker22 — Wed, 16 Jan 2019 15:48:08 GMT

in my case (top 10 metro area) my attorney is a 1 man office, he showed and as others said it's extremely stressful leading up to the meeting, I was extremely thankful he was there and not someone else as it helped calm me BUT the stress was all selfinduced....in hindsight anyone else could have sat in for my attorney and it wouldn't have impacted a thing.....try not to stress over the little things and trust whoever you hire 100%, if you can't you need to find someone else

Re: BK Lawyers

Anonymous — Wed, 16 Jan 2019 16:35:45 GMT

@Anonymous wrote:
In the process of finding a lawyer. I've talked to a few. One thing I've heard about is that sometimes the lawyer you hire doesn't always go to the 431 hearing. Instead they hire someone else. In fact one laywer I talked to admitted to me that he often gets double booked with hearings and as a result he'll hire another lawyer out his own pocket to go to one of the hearings.

So I'm wondering have others had this. They hired a lawyer and someone else ended up going to the 431 hearing in their place?

And, in addition to the great advice that everyone has given thus far, if you are a "no-assets" case and pass the means test, it's much less stressful than people build it up to be; barring any unusual circumstances. We sat in a room with numerous individuals, were called up to sit and the trustees desk, asked about ten questions, and then went on our way. Our trustee was very nice, wished us well, and was very sincere. I hope you have a similar experience, if not the same.

Re: BK Lawyers

Anonymous — Wed, 16 Jan 2019 20:24:07 GMT

This did happen to me. My lawyer could not attend the 341 meeting as it was about an hour drive and he had other 341 meetings on the same day in the city where his firm was. So he had another attorney who was going to be there and already representing three other people fill in for him.
No real issues arised in the hearing so it wasn’t really an issue. Plus the paralegal emailed me a week before the meeting notifying me of this change.
But the thing is, it doesn’t really matter to an extent if another lawyer fills in because chances are the lawyer you hired isn’t really super familiar with your specific case anyway as they take hundreds of clients on. The paralegals are the ones who are filing your petition and meeting with you usually but they can’t represent you.
Long story short, it may happen but even if it does, don’t sweat it too much.

Re: BK Lawyers

Anonymous — Wed, 16 Jan 2019 20:44:21 GMT

@jazmar is absolutely correct.
The biggest role the attorney plays is the pre-bankruptcy preparation and legal advice, and like I said earlier, the attorney who owns the firm doesn’t really do this. His or her paralegals usually do.
I met with my lawyer once throughout the entire process and interacted with the paralegal most of the time.

Re: BK Lawyers

Anonymous — Sat, 09 Feb 2019 04:17:10 GMT

Gotcha.

Re: BK Lawyers

Anonymous — Thu, 17 Jan 2019 01:32:19 GMT

My attorney let me sign the retainer agreement without paying them a cent and said they will fill everything out but just won’t file until I paid them in full.
I don’t know if all attorneys allow that or not.

Re: BK Lawyers

Anonymous — Sat, 09 Feb 2019 04:17:38 GMT

Yeah that sounds right. The attorneys I talked with all said the same thing. They will do the paper work but can't file until they are paid.

Re: BK Lawyers

Anonymous — Thu, 17 Jan 2019 03:12:11 GMT

I did a Chapter 7 and from the time I gave them all the documents they asked for to prepare the petition to the time they filed was 15 days.

Re: BK Lawyers

FireMedic1 — Thu, 17 Jan 2019 10:26:12 GMT

@Anonymous wrote:
So looks like I'll be going in to pay and hand over my paper work in a few days. One thing I thought was interesting was that the law firm I'm working with said it takes 3 to 4 weeks for them to prepare the paper work. It takes this long because they work on clients in the order they paid. I'm planning to pay in full when I submit my paper work. But if you want to expedite the process you can pay an extra $500. I'm only thinking of doing that actually because as it turns out one of the creditors has filed papers in court but has not served me yet. So would want the papers filed before anything more happens.

Once you get copies of all the paperwork invovled in a BK then you'll see its a small book. I printed everything from PACER, all the paperwork from the lawyer and placed it all in a binder. Theres alot that goes into it. you'll see.

Re: BK Lawyers

Anonymous — Sat, 09 Feb 2019 04:18:20 GMT

I realize you're talking about what the lawyers fill out but even what I have to fill out is a ton of stuff. Will have to call and talk to someone tomorrow to get some clarification on some stuff.

Re: BK Lawyers

FireMedic1 — Thu, 17 Jan 2019 10:58:47 GMT

The lawyer or paralegal will go over everything with a fine tooth comb. They have to protect you and themselves once everything is presented to the court and the trustee that everything is in place and correct so you can get you DC'ed after the 341 meeting. They dont want it dismissed or have to come back again in front of the trustee again because they missed to dot an I or cross a T. Procesing the BK in the computer has it protocols so no mistakes are made. No difference than if you called 911 for a medical call. I have to fill out everything on my toughbook related to the emergency and the program wont let me by-pass or miss a protocol required treatment. Everything needed for documentation is recorded to CMyA and my Medical Directors License.

Re: BK Lawyers

Lurker22 — Thu, 17 Jan 2019 15:53:16 GMT

@Anonymous wrote:
So looks like I'll be going in to pay and hand over my paper work in a few days. One thing I thought was interesting was that the law firm I'm working with said it takes 3 to 4 weeks for them to prepare the paper work. It takes this long because they work on clients in the order they paid. I'm planning to pay in full when I submit my paper work. But if you want to expedite the process you can pay an extra $500. I'm only thinking of doing that actually because as it turns out one of the creditors has filed papers in court but has not served me yet. So would want the papers filed before anything more happens.

3-4 weeks unless you pay extra??? I did a consult (free) came back with all the paperwork 2 weeks later, lawyer and I sat down and filled out the paperwork (took maybe an hour), I left & he reviewed it one last time, by the time I was home the case was filed - doesn't take that long for the paperwork to be completed......if it was me I'd perhaps look for another firm as I don't like to be nickeled and dimed

Re: BK Lawyers

Lurker22 — Thu, 17 Jan 2019 15:54:44 GMT

@Anonymous wrote:
My attorney let me sign the retainer agreement without paying them a cent and said they will fill everything out but just won’t file until I paid them in full.
I don’t know if all attorneys allow that or not.

I paid something (maybe $600?) with the rest of the fee coming out of the bankruptcy estate (chapter 13 case here)