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 How can I pay for a lawyer?
In a Chapter 7 case I will let you make payments on the fee. Once it is paid in full I will file your case. If there are no immediate emergencies, this option will work for you. In a Chapter 13 case I usually only require a portion of my fee and all of the filing fee to be paid in advance. The rest of my fee I put in your Chapter 13 plan. The trustee will pay me when your plan is "confirmed" from the plan payments you made. In a Chapter 13 case in the Central District of California the court has determined a "no look fee." This is fee $4,000.00 for a debtor who has a regular job and $4,500.00 for a debtor who is self employed. An attorney can not charge more than this without the court's permission.  Because mistakes can be costly. No one will point out any of your mistakes to you as your case progresses. Neither the clerks, trustees or the judge can give you legal advice. If you have made an error, most likely you won’t know about it until it is too late to fix it. Congress requires me to tell you that you may file your case without an attorney. This is technically a true statement. Remember your 8th grade grammar? The word “may” means you have permission to do something. The word “can” implies that you have the ability to do it. I “may” change the engine in my car myself, but that does not mean that I “can” do it. There are 3 main types of bankruptcy. Chapter 7, Chapter 13 and Chapter 11. It is rare that an individual needs to file a Chapter 11 case. The more typical filing is a Chapter 7. Usually in Chapter 7 most of your debts are wiped out and you do not have to make any payments, (an attorney can tell you which debts will not be discharged). Under the new law you may not file a Chapter 7 case until 8 years after the first one was filed. You can, however, file a Chapter 13 case 2 years after the Chapter 7 case was filed. Yes. You must list all of your debts including cars, home mortgages and personal loans to friends and family. This does not mean, however, that you will lose your vehicles or home. A lawyer can help you by making sure you get the full value of your “exemptions.” Exempt property is what you keep in a bankruptcy case. "Non-exempt" property is what is sold by the trustee in Chapter 7 case. A lawyer can also help you in making decisions about whether or not to “reaffirm” certain debts. This is important if you have loans which are secured by the merchandise you bought. These types of accounts are to creditors like Sears, Circuit City, and Levitz to name a few. Vehicle loans are also secured debts. Under the new law it is uncertain if you must reaffirm these types of debts. This is an issue that will need to be litigated to an appellate court to get a definative answer. Chapter 13 is a type of bankruptcy that requires payments. This is useful if you have tax debts that you can not resolve in any other way or if you are behind in your house payments. It may be necessary to file a Chapter 13 if you own too many things or have too much equity in your home to qualify for a Chapter 7. In Chapter 13 you can, under certain circumstances, get back a car that has been repossessed. At this time a Chapter 13 might help you "strip off" a second deed of trust on your real property. Can you aford the first deed of trust? If so we might be able to help you. An attorney can help you decide what type of case is right for you. You may be required to file a Chapter 13 if you do not meet certain income requirements. Short answer, yes. Many people who have filed bankruptcy later buy homes. Whether you can buy a house will depend on your income when you decide to buy and what your credit history looks like after the bankruptcy is completed. You will probably have to pay a higher interest rate, but if you make all of the required payments on time there is no reason why you can not refinance to a lower rate later, (assuming lower rates are generally available at that time). If you are in Chapter 13 and have made all of your payments on time for at least 12 months, you can generally get a loan if you otherwise qualify. The interest rate will be higher, but you can refinance later when you have a good history of current payments. With an attorney representing you the phone calls must stop. Once your case is filed an “automatic stay” takes effect. This means that creditors have to stop calling you. In fact all actions to try and collect debts from you must cease. If they don’t, your lawyer can do something about it. It is important that you gather up as much information as you can about who is calling to assist your attorney in this. Try to get the name of the collection agency and the name of the business they are trying to collect for. If this is your second case there are restrictions on the automatic stay. A motion will be required to make it last longer than 30 days. The need for this will cause your attorney fees to be higher.  What should I bring to my first appointment?
INITIAL OFFICE VISIT The initial office visit is intended to acquaint you with basic information about bankruptcy and to assess your current financial situation in order to determine your need and eligibility for the filing of a bankruptcy case. There is no charge for this initial consultation. Please be aware that you must arrive to our office on time for your scheduled appointment. Upon arrival you will view a video presentation intended to acquaint you with basic information about bankruptcy. it includes a description of the types of bankruptcy and how each Chapter works, what types of debts can be forgiven, what property you can keep, and what debts you need to keep paying. The video will also show you how to value property in bankruptcy and how to complete the petition, forms, plans, schedules of property, and schedules of your debts. Following the video presentation you will meet with me. I will evaluate your financial situation to determine your need and eligibility for the filing of a bankruptcy case. In order to comply with the new bankruptcy law and to effectively complete this evaluation you will need to supply as much of the following information as possible: IDENTIFICATION. The new bankruptcy law requires that you provide proof that you are who you say you are. Please bring with you to the initial office visit an official photo ID (i.e., a driver’s license) and your Social Security card. PROOF OF INCOME. The new bankruptcy law requires that you provide proof of your average monthly gross income from all sources for the last 6 months begining with the first month before your scheduled office visit. Please bring with you to the initial office visit all available pay stubs or other records of income for the past seven months. Please include tips, bonuses, commissions, child support, spousal support, support from someone paying or sharing your living expenses, rental income, unemployment compensation, social security, retirement, pension, interest, dividends, or income form any other source. If you are filing with a spouse then you will need to provide this information for both you and your spouse. The more information you bring to your inital consultation, the better. DEDUCTIONS TO INCOME. The new bankruptcy law requires that you provide proof of any deductions from your income to include federal and state taxes, retirement plan contributions, retirement plan loan repayments, insurance, court-ordered payments, garnishments, and all other deductions whether voluntary or involuntary. If you have your own business, you must provide a complete listing of all of your monthly business expenses including a year-to-date or recent monthly Profit & Loss Statement for your business, if possible. INCOME TAX RETURNS. The number of returns I need depends on what Chapter you intend to file. For a Chapter 7 I need the last return you filed. For a Chapter 13 I need returns for the last 4 years. If you have not filed those returns, I can tell you what you need to do to get them done. HOUSEHOLD EXPENSES. The new bankruptcy law requires a listing of your monthly household expenses including those for mortgage or rent, utility services (electricity, gas, fuel oil, propane, water and sewage), telephone service, cable or satellite television service, home maintenance, food, clothing, laundry and dry cleaning, medical and dental, transportation, recreation, clubs, entertainment, charitable contributions, insurance (homeowner or renter, life, health, auto), taxes on property, alimony, maintenance, child support, etc. Please be able to answer questions about these expenses at you inital visit. CREDIT REPORT. I will obtain your credit report once you have retained me. It will be your "homework" to check it and make sure all your debts are included. Many creditors do not report to the credit reporting agencies. These have to be added. PROPERTY DOCUMENTS. The new bankruptcy law requires documentation of all contracts and security agreements including those for mortgages and leases, refinancing, transfers of ownership, time shares, stocks, car loans and leases, furniture rental and leases, jewelry loans, etc. Please bring with you to the initial office visit as much documentation as you have available for the last four years. DOMESTIC SUPPORT OBLIGATIONS – If you are paying any child support, alimony, or support you need to bring all documents associated with such payments. I will need not only the name and address of the agency that is collecting these payments, but the name and address of the person to whom the support is owed. Please do not cancel your appointment for your initial office visit simply because you do not have these records. We may be able to assist you in retrieving these records. I know the list looks overwhelming, do not let that stop you from keeping your appointment! I will give you a "homework" list that is tailored to your case at the end of our first appointment. Included on the list will be instructions on how to obtian the mandatory "Credit Counseling." | Return Home | Our Services | Great Links | FAQ Page | Contact Us | Recent Developments | New Law after 10/17/2005 | |
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