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Beware the Bankruptcy Lawyer, Part 2: Incompetence

posted January 21, 2009 - 4:37pm
Beware the Bankruptcy Lawyer, Part 2: Incompetence

In my earlier Xombyte on Beware the Bankruptcy Lawyer, I told the
story of the bankruptcy lawyer who, writing in the local newspaper's
legal forum, gave poor and self-serving advice, in my opinion.
Well, the same bankruptcy barrister is back, this time giving
blatantly incorrect information.

A reader wrote in asking about bankruptcy exemptions. This "expert"
bankruptcy attorney proceeded to give obsolete figures from Ohio's
old law. He said the exemption for a car was $1000, and for a
house, $5000. Apparently he doesn't know about Ohio's Senate Bill
281, which raised these exemptions to $3225 and $20,200, respectively.
SB 281 took effect in late September 2008, and here he is in January 2009,
acting like it doesn't exist.

He also claimed that debtors can choose federal exemptions or state
exemptions. In some states, including Ohio, this is not an option.
This guy must be really ripping off his clients.

People really need to do their homework. I'm not saying never hire
a lawyer, but do so with eyes open. Some are incompetent, some are
crooks, and some are both. You need to educate yourself enough to know when
you are being conned. They should offer a free consultation, and go
there with lots of questions, to which you know the answers through
your research. If the lawyer gives the wrong answers, walk out the door,
and find another one. They are a dime a dozen.

For debt issues, here is a good forum website with information about
debt settlement, debt collectors, and bankruptcy:

http://www.ourcommunitypower.org

Nolo press also has a series of excellent self-help legal books:

http://www.nolo.com



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