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professorr
Posts: 80
Registered: ‎10-13-2011
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It's a biggie - Bankruptcy early May, first week probably -

[ Edited ]

After more than two years of contemplating it, struggling with it, and even a year after meeting and small deposit of retaining the BK attorney - Finally sitting down with him This week to officially file within days after that.  There have been many life events and struggles for the past year, thus just kept procrastinating.  However creditor filed a motion for summary judgement and certainly don't want to deal with liens put on the house or income.

 

?????  I Thought motion 4 Summary Judgement could be postponed?  at least by the lawyer?

?????  Attorney office said the other day they needed wife's Banks, Stocks, assets, 401K....  I only thought they needed her Paystubs?

 

I have carried debt for more than a decade and always able to maintain payments and keep a 780 FICO up until almost 3 years ago.  The crash of 2008 began the downward spiral for me.  I have 15+ creditors with an average of $13K on each - all unsecured debt.  Always thought I could work out settlements and although many were willing there were others that wouldn't.  My BK is solely mine, nobody elses and everything is in my name, except of course the house in both of our names.  Luckily my wife was more able to deal with her finances, perfect score and perfect history and perfect financial senses.

 

My Attorney soley practices in BK, has an excellent reputation and is what a consider to be a shark in his field and former Marine, he's just sharp as a tack and also a former trustee as well and .  HE stated to me that I would also have file a deposition (I think that was it) to explain the large debt (explanation is reasonable to him).  He still is quoting me the original price from over a year ago.

 

Last week when I called and spoke to his Legal assistant, she said they can't do anything with the pending May court date for the motion because they are limited for 10 days after BK is filed before they can act on it.  Certainly that motion by the creditor can be adjourned?  Hell Baker Sander in NYC is unlikey to drive 400 miles to go to a city court.   Maybe I should go.  (but again when I sit with attorney this week he'll explain more on that I guess"

 

BK Dis 9/2013
scores
Eq 638
TU 641
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gcb730
Posts: 7
Registered: ‎04-14-2013
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Re: It's a biggie - Bankruptcy early May, first week probably -

I'm not an attorney or an expert., but I did file (09/2006) and complete a 60 month chapter 13 BK pro se.  As soon as the BK is filed, an automatic stay goes into effect.  

The stay prohibits any act to obtain money or other property, whether real estate or personal property from a debtor. All law suits must stop. No creditor may take any action to contact a debtor  Phone calls , letters law suits and repossession efforts must end. A creditor or those acting at the creditors request who know of the stay and ignore it may be held in contempt of court. The stay doesn't stop criminal prosecutions, proceedings to require or enforce the payment of child support, alimony or other types of divorce proceedings

Creditors may file a motion with the Bankruptcy Court to obtain permission to continue law suits to recover money or take property from the debtor or trustee. This is called obtaining relief from the automatic stay. Relief is usually not granted for unsecured debt.  Normally, this would apply to secured debt to allow a creditor to protect their interest in the property.

I would think that a filing and notification to the creditor would be cause to postpone/cancel the court date.  The 10 days is probably the time for notification to be received by all creditors listed in the BK.  There may be a way to contact the creditor directly and let me them know about the filing (after the fact) that would cause them to take action themselves.  If they know that the attorney  or debtor will appear in court with proof of BK filing and an automatic stay in place that would prevent the granting of the motion, they might not want to bother with it.

Contributor
professorr
Posts: 80
Registered: ‎10-13-2011
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Re: It's a biggie - Bankruptcy early May, first week probably -

60mos chapter 13, that must have sucked.  I was told I'd qualify for the chptr 7  whew, and honestly I feel almost every individual should qualify for #7

 

BK Dis 9/2013
scores
Eq 638
TU 641
Contributor
professorr
Posts: 80
Registered: ‎10-13-2011
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Re: It's a biggie - Bankruptcy early May, first week probably -

Switching Lawyers ??

March 2012 was when I first met and retained my attorney, just $250 I think.  Well after delays and such im finally getting around to do it and he's still honoring the original quote.  My dilemma is my wifes work insurance offers Lawyer services and they cover the bankruptcy fees (except for the $500 court costs)  If I went with #1 it would cost me $1250 to fulfill his retainer - and he's a good attorney (shark) specializing in handling debts.

 

Attorney #2 is a general practice 4 lawyer firm and they do 700+ bk years, the one I spoke with does 2 per week (he's a partner).  we'd only have to pay them $500.

 

Does it make a difference using a lawyer who was once a trusttee himself?

BK Dis 9/2013
scores
Eq 638
TU 641
Contributor
professorr
Posts: 80
Registered: ‎10-13-2011
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Re: It's a biggie - Bankruptcy early May, first week probably -

I'm going nuts tryingn to decide, stick with lawyer 1  (which equates to $600 more) or go with lawyer 2 who is covered under hyatt and all I have to pay for is court costs and class.  (seemed nice over the phone)

 

My gut says stick with first but his paralegal seemed condensending at times (although she too was sharp as a tack)  but the idea of taking advantage of the "free" service.

 

 

UGH  I can't decide.

BK Dis 9/2013
scores
Eq 638
TU 641
Frequent Contributor
Countingpennies
Posts: 464
Registered: ‎02-14-2013
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Re: It's a biggie - Bankruptcy early May, first week probably -

I would go with your gut. There is a reason, although maybe not immediately apparent, why your gut is telling you #1.

Although you do need to be able to communicate back and forth, "nice" is not an indicator of a good attorney.
Contributor
professorr
Posts: 80
Registered: ‎10-13-2011
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Re: It's a biggie - Bankruptcy early May, first week probably -

[ Edited ]

:manhappy:   Well I made the decison an hour ago to stick with LAwyer #1  Although I think his paralegal is abrupt and talks down to you, I'll just have to try putting her in her place tomorrow and remind her I don't do this everyday.  He's got a reuptation here and all over the us for he does alot of the seminars.  The fact he has an IVY league education, masters in economics & teaches it too and that he's a marine (not former because once a Marine always a Marine) 

 

Yes it will cost me more, but divide by say 12 motnhs and it's really not bad.  I just hate giving up the chance to use a free lawyer due to legal insirance wifes work has, BUT we'll be using them for Will & Trusts stuff.  This  mismanging of my finances has nearly led to divorce.  So hopefully the new beginning will lead to better things.

 

I'll meet with them at 4:00 again and go over all the papers and if all goes well a BK should be filed by next week.

 

BK Dis 9/2013
scores
Eq 638
TU 641
Contributor
professorr
Posts: 80
Registered: ‎10-13-2011
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Re: It's a biggie - Bankruptcy early May, first week probably -

Well the 1 hour meeting went well, He stated he is going to "ribb on me" next week for puttign this off and that he should be charging me $1000 more {with a smile} He even told his paralegal earlier no more BK next week until they clear the desk....Low and behold I come in.

First, I don't get it, I though with a pending SMJ (summary for motion judgement) the attorney could file a motion to delay or something; hell just call the creditor and tell them to cancel or postpone. Why can't they do that? he mentioned judges like to clear their dockets more than delay.

Second - Means test, oh boy! Wife makes about $85,000 a year when based on previous 6 months, me, well I only made about 2500 in the past 6 months. and subbing work for the past year has been practically nothing. (Remember I'm filing not my wife for everything is in MY name)

So I'm a bit worried about that and I'n dure we have enough personal expenses. I guess she has to write hers and I write mine. Can you guys help me better understand the logic behind all that. Why can't we include all the mortgage/utility/cell phones.



So HE said we can do it by SMJ court date on May 9th, but it''ll be close. Paralegal took more paperwork and set my appointment for Tuesday and said I'll be there for 2-3 hours. I guess then we go over ALL my papers and numbers I turned in and factor the means test. Anyone care to chime in on what that session entails?

It sucks how I treated this whole thing like a midterm. If it weren't for that court date we could take out time for the next two weeks.


Now Ebay has a -$80 balance and Then I sold an item to a guy on paypal which got lost in the mail and thus the Paypal dispute put it into negative balance of $175. I need to redeposit funds in that so the guy can get his money back. Bad thing to do? Hell I wasn't going to report it on the BK but somehow the courts find all that info out.

my wife agreed that BK attorney is a good shark and paralegal is good but could use some people skills. This guy can walk people through BK in his sleep. He works/teaches other attorneys in the area and at seminars he attends. Former trustee himself, he knows how it all works.

Feel free to answer my questions and ask me questions too.

 

BK Dis 9/2013
scores
Eq 638
TU 641
Contributor
professorr
Posts: 80
Registered: ‎10-13-2011
0

Re: It's a biggie - Bankruptcy early May, first week probably -

Well the 1 hour meeting went well, He stated he is going to "ribb on me" next week for puttign this off and that he should be charging me $1000 more {with a smile} He even told his paralegal earlier no more BK next week until they clear the desk....Low and behold I come in.

First, I don't get it, I though with a pending SMJ (summary for motion judgement) the attorney could file a motion to delay or something; hell just call the creditor and tell them to cancel or postpone. Why can't they do that? he mentioned judges like to clear their dockets more than delay.

Second - Means test, oh boy! Wife makes about $85,000 a year when based on previous 6 months, me, well I only made about 2500 in the past 6 months. and subbing work for the past year has been practically nothing. (Remember I'm filing not my wife for everything is in MY name)

So I'm a bit worried about that and I'n dure we have enough personal expenses. I guess she has to write hers and I write mine. Can you guys help me better understand the logic behind all that. Why can't we include all the mortgage/utility/cell phones.



So HE said we can do it by SMJ court date on May 9th, but it''ll be close. Paralegal took more paperwork and set my appointment for Tuesday and said I'll be there for 2-3 hours. I guess then we go over ALL my papers and numbers I turned in and factor the means test. Anyone care to chime in on what that session entails?

It sucks how I treated this whole thing like a midterm. If it weren't for that court date we could take out time for the next two weeks.


Now Ebay has a -$80 balance and Then I sold an item to a guy on paypal which got lost in the mail and thus the Paypal dispute put it into negative balance of $175. I need to redeposit funds in that so the guy can get his money back. Bad thing to do? Hell I wasn't going to report it on the BK but somehow the courts find all that info out.

my wife agreed that BK attorney is a good shark and paralegal is good but could use some people skills. This guy can walk people through BK in his sleep. He works/teaches other attorneys in the area and at seminars he attends. Former trustee himself, he knows how it all works.

Feel free to answer my questions and ask me questions too.

BK Dis 9/2013
scores
Eq 638
TU 641
Contributor
professorr
Posts: 80
Registered: ‎10-13-2011
0

Re: It's a biggie - Bankruptcy early May, first week probably -

:smileyindifferent:

 

FILED!!!!!!!

Well it's over and I don't feel any different. I will feel better when I get that discharge paper in August I hope.

Spent 3.5 hours in the Attorneys office. Spent one hour with attorney himself; he's really a good guy. due to most of my debt occurring because of "business" a side thing I side thing while unemployed at home. he stated this was the easiest method to go and more favorable. If I filed otherwise there may be issues with the means test; which we passed but questions could be raised. (I'm declaring single, not with my wife as it is all my debt)

He stated it may be looked at more closely with the US Trustees office as opposed with the trustee himself. So I should be prepared to present info upon request. He also mentioned the trustee office here are good people to work with who don't bust your balls.

also state did would lose my half of the tax refund I have coming in the next week or two and that I should not spend it. I thought you could spend it down on essentials? either way I won't.

So now what??

BK Dis 9/2013
scores
Eq 638
TU 641

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