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    Somewhat nervous

    Ya know, I try to be as prepared as possible, I try to stay cool and I think I have a hold on this but I really expected things to be a little slower with my attorney.

    I guess I am an exception because most want to get going. I for one am looking for alternatives.

    I spoke to my attorney this evening and he confirmed that we were meeting at his house (he's in my neighborhood) tomorrow to go over a few options.

    He said that he thinks it might be better to file later rather than tomorrow although he's ready if I want.

    TOMORROW?????? Yikes!

    I just wasn't ready for that one.

    I mentioned before that he has been doing this for 25 years, knows everybody and seems like a hardass who will fight for me but I must admit that in spite researching this for nearly a month, doing all the means tests, schedules, compiling over 200 pages of documents for him, putting together my binder and doing all kinds of calculations on amortization schedules for my debt and whatnot I was a little surprised that he was ready to go.

    He said that my problems were out there but that there are many ways to skin a cat so he was ready.

    He was ready to try for a 7 but may throw me in a 13 depending on what he thinks as far as a battle with a trustee looks like.

    I guess I am just rambling a bit because the reality has just hit me that this may actually be something that I have to pursue.

    I'll let you all know.
    Very fortunate in the grand scheme of things but have learned my lesson.

    Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

    #2
    I don't know your history or if you have viable alternatives. Maybe you do, it's possible, but a lot of us, myself included, who have found ourselves in this situation fooled ourselves for far too long with the hope that there was some other way out.

    So really, a lot of us just wanted to GET GOING by the time we found this forum. Before that, we tried EVERYTHING to make it work. Maybe you just found this forum earlier in the realization process than we did.

    I decided to file before I found this forum and it's been a long road since then. But the weight that was lifted off my shoulders with that one decision cannot be described.

    I don't wish BK on anyone so I hope you do have alternatives. But if you are looking for alternatives that truly don't exist, you are still in the stages of denial. Been there, done that, wish I'd saved the peanuts from the plane.

    Don't be nervous and good luck to you. Come back and share the experience from your consultation.

    ep
    California Bankruptcy Central

    Comment


      #3
      It'll be okay pal .

      I wish you luck in the meeting.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        You can take anything beyond. Maybe you yourself have just gone a little to far and feel you are still missing something even though it is all OK. You can worry forever but if your attorney is experienced and you trust him, there should be no problem.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

        Comment


          #5
          If you had an attorney like ours, you could worry. Although we did not rush her, it took her sixteen months to file and we had to renew paperwork three times to get an accurate last six months. She filed on the last working day of the year Dec 28th. That was only at our insistence. ‘Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            Jazz, I feel you. I have a feeling although I don't know another way at this point, that if my attorney said "it's time" I'd freak. I keep thinking surely this is not what's happening, etc.

            I'm conflicted between that feeling, along with a sense of relief at the thought of not having to worry about due dates, balances, and spending every waking moment of my life chasing low rates and paying Peter, Paul.. and Mary.... WHEW,
            "You can never get enough of what you don't need to make you happy."
            6/16/08: Attorney approached lenders to surrender old home
            8/26/08: Met w/attorney RE: filing BK
            9/29/08: Filing Chapter 7

            Comment


              #7
              LaJazz,

              I understand. We waited many months after meeting with our atty and actually filing. I think we just weren't ready to really accept it.

              Now, I wish we had not done that. So many additional months of stress that weren't needed.

              Best of luck to you!
              reallynervous

              Comment


                #8
                Originally posted by reallynervous View Post
                LaJazz,

                I understand. We waited many months after meeting with our atty and actually filing. I think we just weren't ready to really accept it.

                Now, I wish we had not done that. So many additional months of stress that weren't needed.

                Best of luck to you!
                Hear, hear.

                Although my case was simpler, I felt exactly the way you describe, Lajazz. I would have fussed over the paperwork and obsessed over the details and lost sleep for another year, I'm sure, if I hadn't been so afraid of losing my land and my home. Knowing a lien was inevitable was what gave me the last push I needed to get the show on the road, and I don't have the words to describe the change in my life since the 341. I know it ain't over till it's over, but it sure is more peaceful on this side of that meeting!

                Flamingo's exactly right (as usual) - if your attorney is experienced and you trust him, let go and come on over to the other side!
                Filed chapter 7: June 9, 2008
                341 meeting: July 18, 2008
                last day for objections: September 16, 2008
                DISCHARGED September 18, 2008 - CLOSED September 29, 2008

                Comment


                  #9
                  All I can say is that I've lived in debt from the moment I went to college and it took so much enjoyment out of all the years that followed. You can't imagine how incredible it feels to be out of debt, to finally have a savings account, to celebrate a raise instead of feeling like it isn't even a drop in the bucket... it is unbelievable how much better it feels. The sooner you get to this point, the sooner you can start really living again.

                  Go for it!

                  Comment


                    #10
                    nervous doesnt even begin to explain what i am feelin

                    my lawyer is at the point of like, ok, lets do this, we have a week before i have to retake the bk counseling deal - this evening I bring him the final paperwork for him to file - here goes.....well... everything (though I guess it was all gone a while ago)

                    Yaaargh (yes, I am trying to sound like a broke pirate)

                    Comment


                      #11
                      Well after meeting with my attorney for TWO hours on Thursday and going over lots of info we agreed that I need to refine my information package, put some time between me and my preferential payment to an ' insider' ,allow more time to be 1099 status, and calculate what the filing date will be since I am not "salaried' so I can gauge my income and keep it lower (on paper) by filing certain times.

                      Preferably to avoid the insider issue I need to wait until 4/09, to get the 1099 issue done and not have to provide a 2008 tax return I can file in December but by then i will be so late on payments that I risk lawsuits and my wife being very nervous.

                      You can imagine if I wait until 4/09!!!!!

                      I gotta really give this some thought and weigh all the options.

                      Of course by then I might be able to save some money and negotiate with the creditors and avoid it.

                      I know, I am rambling and I need to stay focused and organized.

                      I am completing some additional cal;culations for him today.
                      Very fortunate in the grand scheme of things but have learned my lesson.

                      Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

                      Comment


                        #12
                        4/09 that's not so bad.

                        I didn't pay a credit card for almost 2 years before they sued me. They are moving a bit faster these days. But I wouldn't worry about it to much, your lawyer is probably correct you need time between you and the insider.

                        When was the last time you paid the credit cards? When was the last time you paid on other property?

                        Anyway it'll be okay Jazz, you aren't the first to visit here for a year before filing.
                        May 31st, 2007: Petition Filed by my lawyer
                        July 2nd, 2007: 341 Meeting Held
                        September 4th, 2007: Discharged and Closed.

                        Comment


                          #13
                          Thanks. A year just seems like an eternity.

                          I am just entering the over 60 day period with CC's.

                          AMEX was really late and one account is with a CA, another with an attorney.

                          I'll call them both again. I left a detailed message with the attorney, NCO is so busy that they put me on hold for a long time and I gotta work so I can't stay on hold so long.

                          My home is only 30 days past due and I will catch up next month and my car is current.

                          Thanks again.
                          Very fortunate in the grand scheme of things but have learned my lesson.

                          Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

                          Comment


                            #14
                            Originally posted by Lajazz947 View Post
                            A year just seems like an eternity.
                            I am just entering the over 60 day period with CC's.
                            I'm chiming in here only because after all those years of being obsessed with paying everything on time, I never would have believed a person could stop paying cc bills and not be thrown in debtor's prison or some such.

                            I was in a similar situation...couldn't believe it was really happening, searched desperately for another solution, researched like crazy, cashed in my 401 (DON'T DO THAT!!!), checked out, renewed, then bought the Nolo book, read this list...THEN consulted a lawyer - last December. On his advice, I didn't file until early June. Although I was sick with anxiety most of that time, I have not been pilloried or otherwise subject to public humiliation, and I have not made a cc payment since July07.

                            I'm not saying this is a desirable or an enviable thing, and believe me I have lost more sleep over this than I could have imagined possible two years ago. I'm just saying your lawyer probably knows what he's talking about...it's just so far removed from the realm of reality as we've known it that it's difficult to believe.
                            Filed chapter 7: June 9, 2008
                            341 meeting: July 18, 2008
                            last day for objections: September 16, 2008
                            DISCHARGED September 18, 2008 - CLOSED September 29, 2008

                            Comment

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