BK Lawyers - quick question

[tmr76]

What is the name of your state?What is the name of your state?IL

I have found that the fees for filing a Ch 13 are almost or more than twice that of a Ch 7. Even though it seems as if we qualify for the 7, he is saying no, that we have to do a 13. Could he be monitarily motivated for us to file for a Ch 13? Does that ever happen?

Obviously, it's totally wrong morally but I'm sure it could happen. On top of the emotional turmoil this whole situation is causing, I don't want to also feel that my attorney is taking advantage of us and not doing what's best for us.

 

[TheBigDaddy]

I am NOT a lawyer, but I do know there is more work involved in a chapter 13 than a chapter 7 since you have to come up with a repayment plan etc... Would a lawyer intentionally steer you down a road that was not in your best interest and help generate more revenue for him self? I think it could happen. If you feel that you would rather seek chap 7 over chap 13 (and there is no real compleeling reason to go 13 over 7) then I would suggest seeking a second opinion from another lawyer. Check with you local bar association for a reference to a reputable lawyer in your area.
BD...

 

[tmr76]

Thanks - I know the workload is more, but when it looks like we clearly qualify for a 7 and he says 13, to me something is off.

I have been trying to find a lawyer locally and I just don't know which one to choose. I will do as you advise and check with the local Bar assoc. I hate to take an off-plan attorney but if I have to pay for the right service, it's going to have to be that way.

Thanks for the post.

 

[Ladynred]

Some lawyers will definitely push for Ch 13's JUST for the extra they get in fees!
If you're being pushed to a Ch 13 w/o any good reasons (not behind on secured debts, too much in non-exempt assets, high disposable income) and the numbers show little or no disposable income, then this guy is pushing for the higher fee.

One suggestion for finding another lawyer - look at the BK court docket for 341 meetings, many districts have these online. Those lawyers that are there ALL the time are the ones you want to talk to. The ones that are only there once in a while you do NOT want.

If the BK court doesn't have the 341 docket on line, you can sign-up free for PACER and get it that way.