Can Another Attorney See if You Have Filed for Bankruptcy

My question involves bankruptcy in the state of: Virginia
To whom it may concern:

I have an issue where I have filed a bankruptcy but I believe my attorney didn't do it properly. I would like to have another consultation with another attorney to ask a few bankruptcy questions and possibly pull the bankruptcy from the current attorney to another one if possible. It could possibly be a disaster if my bankruptcy goes through incorrectly. I tried calling my attorney's office today but they said he is on vacation from today and won't be back until 12/13. I can't wait that long. My question is will the other attorney know if I have already filed bankruptcy with another attorney? If so I don't think that they would want to have a free consultation with me. The case was just filed yesterday and according to things I'm reading online it doesn't appear that my attorney filed things correctly.

Warm Regards,
Diesel

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Quoting diesel21

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My question is will the other attorney know if I have already filed bankruptcy with another attorney?

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Yes. When he looks at your petition he'll see the name of the other attorney. Or are you planning on lying to him and pretending you haven't filed yet?

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Quoting diesel21

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If so I don't think that they would want to have a free consultation with me.

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You don't know that until you call up attorneys and ask.


By the way, what is it about your filed petition that you think wasn't right?

I did not want to tell the other attorney that I filed because most won't want to give the free consultation and I don't want them calling my current attorney's office. I may actually use the new attorney and pull it from the old one if possible so it is not if they might not get my business.

It is one of those things for me that I can't really describe without showing you. I wish I could.

If I don't say that I have filed and say that I want to set up a bankruptcy consultation will my name pop up somewhere that I have filed?

Thanks again,
Diesel

Not unless it's common practice for that particular attorney to check first before speaking to a potential client.

But we're getting ahead of ourselves. This was only filed yesterday, correct? Why wouldn't you want an attorney to have ALL of the details?

Would you be able to at least share roughly what you believe is wrong?

Are you naïve enough to think that the new attorney will take you on as a client once he finds out you lied to him?

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Quoting adjusterjack

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Are you naïve enough to think that the new attorney will take you on as a client once he finds out you lied to him?

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Adjusterjack,

I'm not lying. I may very well want to hire the new attorney. I have terminal cancer and I can't have my wife left with the debt that is in her name. They put it that way because the insurance was in her name and refused to put it in mine. I just found out that the attorney who filed our case is very green when it comes to bankruptcy. When I asked her questions on Monday she said that she would get back to me about them and when I called today she is on vacation until 12/13. Things just don't look right to me and I would prefer to have an experienced attorney quite frankly. I thought the attorney would get back to me before filing the bankruptcy. She never even mentioned that she was taking an extended vacation and would get back to me then. I really didn't want to put all of my business out there but I didn't think that it was fair that you thought I was lying. When you have a consultation with someone you decide based upon that if you are going to hire them or not. That is what I plan on doing.My wife made the new judgment call on the attorney who filed the bankruptcy. I wasn't feeling well that day and couldn't make it.

I'm an honest man so if you think that it is a lie by not giving all of the details than I will do so. How do others feel?

Sincerely,
Diesel

Before you do anything else, let's go back to basics. Have you ever lived in and accrued debt in any other state?

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Hang on - if these are solely your wife's debts, she needs to file the bankruptcy - not you.

Hi Dogmatique,

I haven't lived in another state but I have accrued debt at a cancer facility in another state. I am also getting rid of my debt as well. I don't want to leave any debt that could possibly be traced back to her behind.

D:)

If you file as a couple, you're okay - but if you're filing just for you, certain debts accrued in a "community property" state will leave your wife liable.

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Quoting diesel21

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I didn't think that it was fair that you thought I was lying. I'm an honest man so if you think that it is a lie by not giving all of the details than I will do so.

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Sorry about your medical condition.

A lie can be one of omission and there could be consequences if you get a free consultation with an attorney by not telling him you've already filed. Let's examine that for a moment.

You get your free consult and decide to hire that new attorney. Then what? He asks you for the $1500 to $1800 for his fee and the filing costs up front. Then what? You pay him? Then he starts getting all your information and filling out papers. At what point do you actually tell him that you've already filed? After the means test? After you've done the credit counseling again? Or do you still not tell him and finds out when he files your new petition with the court? How do you think that's going to play out? How about he says "Oh, you've already filed, I can't file this again, but I've earned my fee, goodbye."

Or do you tell him after the consult but before you pay his fee? How about he says, "Well, since you've already filed and want a second opinion, I can't charge my flat rate, I'll charge you my regular fee of $400 per hour with a retainer of $2500 payable in advance, and that'll include the hour we've just spent talking."

What I suggest you do is call a lawyer and say "I think there is something wrong with my bankruptcy filing. How much will you charge me to review the petition and supporting documents for a second opinion?"

D,
Thanks for the info.
A,
I didn't know that an attorney could review my petition and supporting documents for a second opinion. That would be great if they charge a reasonable fee. Any idea how much that might be?

The question in your thread title, "Can Another Attorney See if You Have Filed for Bankruptcy": Yes, your bankruptcy filing is a matter of public record, so anybody who checks the record (e.g., at the courthouse, via PACER, via your credit report) can find out about a bankruptcy.

If you're asking how much a lawyer would charge to review the petition and supporting documentation, you will have to call some law offices to ask. Not all lawyers will be interested, and the cost will vary by firm and the complexity of your case.

Diesel, have you managed to get a new attorney? If so did you tell your new attorney you had already filed with another attorney?