Red flags with lawyers?


H

Hank Freeman

I have asked for advice about meeting with a lawyer in this group
before. But no responses from anyone??

Maybe I can be more specific and get some response:

What is the most important thing to be aware of when you sit down with
a lawyer and try to figure out if he/she is the right one?
 
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B

Brett Weiss

Take a look at my FAQ on "How to Find a Good Lawyer" at
http://www.brettweiss.com/faq/find_faq.htm. There are a number of suggested
questions for the initial interview that you might look at.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://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.
*****************************************************************
 
B

Bill

I think the single most important thing is if he does both ch 7 and ch
13. Most lawyers I know only do ch 7. Without the knowledge of both
chapters there is no way he can accurately evaluate your needs.
 
B

Bill

If you are referred by a friend who was happy with the lawyer, that is a
good indicator also.
 
B

Brett Weiss

I think the single most important thing is if he does both ch 7 and ch
13. Most lawyers I know only do ch 7. Without the knowledge of both
chapters there is no way he can accurately evaluate your needs.
I agree that this is very important. If all you have is a hammer, all you
see are nails.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://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.
*****************************************************************
 
E

Eu. Harry Andruschak

Brett Weiss said:
I agree that this is very important. If all you have is a hammer, all you
see are nails.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://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.
*****************************************************************

But WHY would anyone prefer Chapter 13? You have a les than 30% chance
of completing it anyhow. In chapter 7, the Trustees and Judges treat
you like s*** for a few months and it's over. In Chapter 13 you are
treated like s*** for over 3 years, walking a tightrope with no safety
net below. (Which didn't work even for The Flying Wallendas all the
time.)
 
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C

Corey

But WHY would anyone prefer Chapter 13? You have a les than 30% chance
of completing it anyhow. In chapter 7, the Trustees and Judges treat
you like s*** for a few months and it's over. In Chapter 13 you are
treated like s*** for over 3 years, walking a tightrope with no safety
net below. (Which didn't work even for The Flying Wallendas all the
time.)

How about because someone
A. can pay back and wants to, they just need some assistance doing so
B. Have assets that are encumbered and in arrears but want to retain those
assets. Since they are in arrears, reafirming or just continuing to pay the
debt is not an option.
The most common reason for Ch13 is foreclosure.

Corey

Eu. Harry Andruschak said:
I agree that this is very important. If all you have is a hammer, all you
see are nails.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://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.
*****************************************************************

But WHY would anyone prefer Chapter 13? You have a les than 30% chance
of completing it anyhow. In chapter 7, the Trustees and Judges treat
you like s*** for a few months and it's over. In Chapter 13 you are
treated like s*** for over 3 years, walking a tightrope with no safety
net below. (Which didn't work even for The Flying Wallendas all the
time.)[/QUOTE]
 
B

Bill

It isn't a preference for ch 13. Sometimes this is the only choice to
protect assets from liquidation by the ch 7 Trustee, or If you have
nondischargable tax issues, or If you are facing foreclosure....

I'm just saying that as a potential consumer of legal service you need
an attorney who can examine the whole situation.
 
H

Howard Goldstein

: But WHY would anyone prefer Chapter 13? You have a les than 30% chance
: of completing it anyhow

Did anyone ever find the source of the 30% figure?
 
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B

Brett Weiss

It's not a question of "preferring" a Chapter 13. Sometimes it is the only
tool for the job. For example:

* Where a debtor is facing a potential foreclosure or repossession and needs
time to catch up on payments.

* Where a debtor has tax obligations and can't make the payments the taxing
authority requires.

* Where a debtor is behind on alimony or child support payments and needs
time to catch them up.

* Where there is non-exempt equity in property the debtor wants to keep (and
would lose in a Chapter 7).

* Where the debtor doesn't qualify for a Chapter 7 due to having too much
disposable income.

* Where a debt is nondischargeable in a Chapter 7 that is dischargeable in a
Chapter 13.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://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.
*****************************************************************

Eu. Harry Andruschak said:
I agree that this is very important. If all you have is a hammer, all you
see are nails.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* http://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.
*****************************************************************

But WHY would anyone prefer Chapter 13? You have a les than 30% chance
of completing it anyhow. In chapter 7, the Trustees and Judges treat
you like s*** for a few months and it's over. In Chapter 13 you are
treated like s*** for over 3 years, walking a tightrope with no safety
net below. (Which didn't work even for The Flying Wallendas all the
time.)[/QUOTE]
 

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