After a grueling month of November of dodging bullets from my creditors I went back to the lawyer's office whom I have decided to retain and paid the retainer fee. I took all of my bills up there, paid the retainer fee, and fully expected a full-blown visit but all I was asked was a bunch of questions about my assets, etc....
O.k. now comes two dilemmas..first dilemma was whether I should put my vehicle in my bankruptcy plan or whether I should keep it out. They informed me that even though I initally agreed with my vehicle creditor to push 2 payments to the back of the loan agreement and pay a small fee that I am STILL considered behind and that I would have to file it in my chapter 13 plan. I felt like because I was 60 days late and they sent me threatening letters that they would repossess my car. I made an agreement with them that they could draft $438 out of my checking account on the 1st and they hadn't yet done that as of yesterday afternoon. One of the paralegals suggested that I stop payment on the withdrawal since I would be including it in my bankruptcy and by the time I paid my other bills out of this paycheck I didn't have enough money to pay them. The bank would have paid it and charged me an overdraft but I decided to stop payment and now I'm hoping and praying that they won't come and try to get my car this week..I file next week on the
10th. The lady at the desk and the other paralegal informed me that if they do to tell them I'm filing bankruptcy, show them the retainer receipt and give them their number, address, etc..she told me NOT to sign anything and they could get the car back..but if that happens here we go, more fees...I thought about calling my creditor and telling THEM that I am filing next week instead of playing russian roulette hoping that they won't come and get my car...any advice would be greatly appreciated.
Now for the second dilemma....this struck me as kinda funny and also made me feel like my lawyer is definitely on my side other than the court's side. Here comes the gambling losses question and I pondered for a minute and told the "questionnaire girl/paralegal girl" that I was embarrassed to tell her that information. I am embarrassed that I let my gambling get so out of control when I only thought I had a gambling problem in the past. I started chasing losses big time. I told her $18,000-$28,000 knowing that the high end was way more accurate. I had a few questions about that and she called the lawyer at home (he had an emergency at home). She informed him of this and he asked to speak to me. His words to me were that I didn't want to "shock the courts" and I asked him if I should lower it and he told me that he cannot tell me to lie under oath. Repeated it again upon my inquiring again. The girl called him back and asked him again what I should put down. He again told her that he cannot tell me to lie under oath. That was when I got the picture. These bills ($18,000 of it) were taken out in a few month span and I told him that-he informed me of the 90 day fraud assumption and I let him know that it's been 97 days since the very last one and I haven't paid much at all on $5,000 of it-like very little. He mentioned one creditor as being tough as nails (not one of mine-thank God) and said the other ones were like babies. That very few dispute.
What do ya'll think about all of this. After I talked to him he told me we would be fine and I got the impression that he was on my side. I know he's getting paid good but I still felt like he was on MY side. Any insight into this would be great and sorry for the lengthy post.
O.k. now comes two dilemmas..first dilemma was whether I should put my vehicle in my bankruptcy plan or whether I should keep it out. They informed me that even though I initally agreed with my vehicle creditor to push 2 payments to the back of the loan agreement and pay a small fee that I am STILL considered behind and that I would have to file it in my chapter 13 plan. I felt like because I was 60 days late and they sent me threatening letters that they would repossess my car. I made an agreement with them that they could draft $438 out of my checking account on the 1st and they hadn't yet done that as of yesterday afternoon. One of the paralegals suggested that I stop payment on the withdrawal since I would be including it in my bankruptcy and by the time I paid my other bills out of this paycheck I didn't have enough money to pay them. The bank would have paid it and charged me an overdraft but I decided to stop payment and now I'm hoping and praying that they won't come and try to get my car this week..I file next week on the
10th. The lady at the desk and the other paralegal informed me that if they do to tell them I'm filing bankruptcy, show them the retainer receipt and give them their number, address, etc..she told me NOT to sign anything and they could get the car back..but if that happens here we go, more fees...I thought about calling my creditor and telling THEM that I am filing next week instead of playing russian roulette hoping that they won't come and get my car...any advice would be greatly appreciated.
Now for the second dilemma....this struck me as kinda funny and also made me feel like my lawyer is definitely on my side other than the court's side. Here comes the gambling losses question and I pondered for a minute and told the "questionnaire girl/paralegal girl" that I was embarrassed to tell her that information. I am embarrassed that I let my gambling get so out of control when I only thought I had a gambling problem in the past. I started chasing losses big time. I told her $18,000-$28,000 knowing that the high end was way more accurate. I had a few questions about that and she called the lawyer at home (he had an emergency at home). She informed him of this and he asked to speak to me. His words to me were that I didn't want to "shock the courts" and I asked him if I should lower it and he told me that he cannot tell me to lie under oath. Repeated it again upon my inquiring again. The girl called him back and asked him again what I should put down. He again told her that he cannot tell me to lie under oath. That was when I got the picture. These bills ($18,000 of it) were taken out in a few month span and I told him that-he informed me of the 90 day fraud assumption and I let him know that it's been 97 days since the very last one and I haven't paid much at all on $5,000 of it-like very little. He mentioned one creditor as being tough as nails (not one of mine-thank God) and said the other ones were like babies. That very few dispute.
What do ya'll think about all of this. After I talked to him he told me we would be fine and I got the impression that he was on my side. I know he's getting paid good but I still felt like he was on MY side. Any insight into this would be great and sorry for the lengthy post.