We're filing for bankruptcy... Do I need to find a new lawyer?

Question

We were getting everything ready with our lawyer from CT, but we just moved to RI. I would just call but I always get lost in a game of phone tag with him. Also my bill collectors are calling my mother's house... She just tells them I don't live there but they must not believe her and just keep calling. Any suggestions? lol. Thank you.

Answer 1

Get a new lawyer and get it done. The longer you wait the worse it'll be.

Answer 2

I was on the same situation and this site helped me LOANSVAULT.NET-

RE We're filing for bankruptcy... Do I need to find a new lawyer?

We were getting everything ready with our lawyer from CT, but we just moved to RI. I would just call but I always get lost in a game of phone tag with him. Also my bill collectors are calling my mother's house... She just tells them I don't live there but they must not believe her and just keep calling. Any suggestions? lol. Thank you.

Answer 3

If you file a bk in RI then you would have to use an attorney licensed in RI and admitted before the Fed Courts in RI. Subject to the following:
The 2005 legislation considerably lengthened the domicile requirement that a debtor must
satisfy before availing himself of a state’s exemption laws. This change is an apparent
attempt to discourage certain debtors from moving to states with more generous exemption
rights in contemplation of filing bankruptcy. If a debtor elects exemptions under state law,
the debtor’s exemptions are now determined based upon the law of the state where the
debtor has been domiciled for the 730 days before the petition. Previously the period used
for determining the debtor’s domicile was 180 days before the petition or the longest
portion of that 180 days. If the debtor has not been domiciled in the same state for 730
days, exemptions are determined based upon the state where the debtor was domiciled for
the 180 days before that period or for the longest portion of that 180 days. If the effect of
this provision is to render the debtor ineligible for any state’s exemption, the debtor may
use the federal exemptions, notwithstanding that the state of the debtor’s domicile is an
opt-out state.
The combined effect of the longer 730-day period (plus the additional 180-day period)
for determining the applicable exemption law and the unchanged 180-day period for
determining venue is that the law of the debtor’s domicile, for purposes of section 522, may
be different from the law of the forum, as when the debtor’s place of residence or business is
in one state and the domicile is in another. In such cases, the court must give effect to those
exemptions allowed by the law of the state of domicile, and it makes no difference where
the property is situated or where the petition is filed, so long as the property is exempt under
the law of the domiciliary state.

Answer 4

Suggestion: #1 get credit counseling first. CCCS (Consumer Credit Counseling Service) will consolidate your bills, eliminate the fees and high interest. Of which you will have to do anyway, because when you file bankruptcy they are now deeming that you seek counseling first. Also there are different chapters depending on your asset/liability level and if you can pay any or all of it back. It is harder now to declare bankruptcy. You can still do it. And yes you need an attorney, preferably one with experience in Federal Bankruptcy. There are options you still have. Creditors will continue to call until a their debt is satisfied or b; you declare bankruptcy. It's that disclosure they have on the application. If they discuss the parameters of your debt with your mother, they are in violation and can get in enormous hot water. Feel free to email me, if your total debt isn't insurmountable you have other options at your disposal. The biggest option you have is to settle the debt. It looks really good on you and it eliminates the bankruptcy need. hope that helps.

Answer 5

Have you even made sure that your new lawyer will still file in Rhode Island...It is a federal thing for sure...I don't know the geography for sure, but I am sure one of you will drive a ways to get to the court house, it isn't like there is a federal court on every street, we had to drive 2 hours to get to the federal court house in Michigan when we filed. I am sure if your lawyer has to drive a long distance you will have to pay for that "service." If it were me and I had not paid the CT lawyer, I would just dump him/her and get a new one in RI. If I had paid I would demand a little more service or my money back.

PS...Your mother needs to tell the creditors they are not allowed to contact her at the phone number they are contacting her at any longer...if they continue to contact her after her specifically telling them not to it is a violation of the Fair Debt Collection Act.

Answer 6

If your bankruptcy is still going on in CT, then you need to keep the CT attorney.

Tell your mother to tell the Bill Collectors "Let me get your name and number. . Now listen up. My daughter does not live here and I am not her answering service. Pursuant to the Federal Fair Debt Collection Act I am informing you that further calls to me concerning my daughter's business activities will constitute harassment under said Act and will be prosecuted under that Act."

Than hang up. Each time the bill collector calls back and violates the Act is punishable by up to $2,000 per occurrence. She needs to document when and to whom she made that statement and any further contact, then forward it all to her local Federal Prosecutor.

Answer 7

It's as simple as your local phone book -- or local newspaper. Look for an attorney who specializes in bankruptcy law -- they can put together the paperwork with their eyes shut and they are up-to-date with the changes in the bankruptcy filings. Definitely something you don't want to try with a general practice attorney. Many bankruptcy attorneys even have a flat-fee for their services so there won't be any financial surprises--something you don't need right now! They can also help you as far as what you can do from there to begin to rebuild your financial house...

Answer 8

i'd recommend you touch a financial ruin lawyer interior the state you reside in and ask for a rapid consultation to be certain the place you stand. many times a divorce would seperate any destiny strikes yet some states are a sprint distinctive. he or she could permit you already know swifter than everybody at here. :) playstation - She has a top to record it, you could no longer project her submitting financial ruin, all you're able to do is take care of your guy or woman components, or go through the implications of debt you the two incurred whilst married, in accordance to the regulations of the state you reside in.

Answer 9

Just a suggestion instead of ruining your credit and all that goes with bankruptcy these days check this web page out first and no I don't work for them it is a free service that will help you get back on track without ruining your credit.

Answer 10

Yes, get a new lawyer, one who specializes in bankruptcy.