New, called for consult

[downforthecount]

Hello all, I am one of those avid readers but new to posting.
Like some other posters on this board that I have read their posts, I am possibly about to file a 2nd BK.
I chose to consult a different lawyer than handled my 1st BK because there was something I just didn't like about my first lawyer and how I was treated and from reading this forum, I knew I better go the BK law only route. I must file a chapter 13, I am over the timelines to file a 13, but not at the total for another 7. I set up my free consult with a highly recommended lawyer who specializes strictly in BKs (one mistake from my first filing) and was told assuming the time lines to another filing have passed (which I mentioned was over the 4 year mark), I may be eligible to file a chapter 13. I was told at my consult I would come in meet with a lawyer go over my options and then be sent home with an information pack and worksheets to complete. I am really in need of help to understand what was meant by I may be eligible to file, and what type of worksheets would I be completing? When would I actually be filing? How long after I leave then and complete these worksheets would I know if I am eligible. I know these are all questions I should have asked but nervous me didn't ask, hung up and now am scared to call back and worried about this dragging out several more weeks. I finally had the nerve to set up the consult and now have more questions than answers about filing! I asked if I needed to bring anything and was told just myself and and court records that would describe my situation and a credit report if I have a current one. I am so confused. Would you think court records are from my 1st BK? Thanks for any insight.

[liz417]

Hi there DownForTheCount,
Welcome to this forum. Don't worry so much, you've taken the 1st and scheduled the appt with a BK attorney. We are filing a ch 13 too, so the "packet" your attorney wants you to fill out is just your expenses broken down by catagory. A ch 13 is a repayment plan in which all your disposable income goes to repay your debts. Once you fill out all your expenses, that will give you your approx. payment to the Trustee. It is important that you choose a good BK attorney, because a ch 13 repayment plan can last from 3-5 years and a good attorney will make sure you have 'wiggle room' in your expenses so it won't be so tight every month.
Good Luck!

[DUMBAGAIN]

We too are in the same boat of doing it again...I meet with a lawyer yesterday. We are not yet at our 4 year mark. We can file and get the protection, we do have to pay back 100%, which is ok with us, as we did this and we feel we should pay it all back. I honestly thought the lawyer was going to say "there is nothing we can do" but to my suprise he said yes, but all must be paid back...Good Luck

[mycreditisbad]

Glad to see that others are in the same boat. I filed BK in 1996. Now, I am married and my husband and I are filing. How could we let this happen again? I feel such guilt and shame. One would think that I would have learned my lesson. Any tips on how to move on and stop the cycle?

[DUMBAGAIN]

Trust me the I know the guilt and shame have been almost unbearable...My husband and I both sat all day last sunday together and cried for like 5 hours. Both of us have been so depressed and upset. We are putting together a plan to ensure this NEVER happens again. We also shared this all with our family, as we hope they will help hold us accountable to ourselves. We feel like we have wasted so musch that have taken away from our childrens futures, makes us sick. I think you just have to TRUELY want out, be so sick of the stress, and worry in order to make true changes. This has so upset our family that I pray to GOD we will never forget, so we never return to this place. Good Luck to you...

[mycreditisbad]

I feel for you both. Our situation is similar but we have not and will not tell our family about this what so ever. We are so ashamed. I hate not telling the truth, but it is the way we have chosen to handle things. We had too many expenses and not enough income. The final straw came once we had a baby and knew that we were in way over our head. I worked so hard the first time to restore my credit and did. I was able to buy a house and get nice cars, and now am afraid all my hard work was in vain!

[downforthecount]

My shame and embarrassment is so unbelieveable. I am an emotional wreck. I cry over everything. Today I interviewed for a slightly better paying job, not much but a little more and I almost cried in the interview. I don't think it went that well, it would be a promotion and I wouldn't be changing employers but when it didn't go as well as I thought it was going too I almost cried because I thought at least 1 good thing could happen for me. I have my consult next week. I am so nervous. I don't want anyone at all to find out, no family no friends. I am too embarrassed that it happened and not just 1 time but for the 2nd time. The lawyer said that people in my situation all feel the same way I am feeling. I didn't stop paying any of the creditors because of the stress I went through the first BK I filed. I was too afraid to ask if I should stop paying when I set up the consult mainly because if I can't file for any reason, then I already would be behind. I am happy I met you all (through this forum) and we can venture through this together.

[ready2puke]

I understand the shame and guilt all too well. Please bring tissue with you, dont make the same mistake I did...I cried my eyes out at almost all my consult and NONE of these darn attorneys have a kleenix box. I even asked one of them...cant you afford a box of kleenix for us cry babies????? C'mon give me a break.

[AngelinaCat]

Dear DFC: Everything you are feeling and you have told us here is perfectly NORMAL. In our situation, we were always the helpers. Then we defended some friends--private people--who had been outed as a lesbian couple, by an evil being. It all went downhill from there.

Try to understand, that no matter how bad it looks right now, it WILL get better. GBY.

[rrockinggramma]

Welcome! I have filed 4 times. Once in 2001, chapter 7 (did us NO good at all since ALL of our debt was secured. Then in 2004 filed 2 times both dismissed for non payment and then in 2005 I filed alone, after my divorce. I will be done in November of this year!!!

I cried for 2 years! Went through therapy. But I cried for lots of other reasons besides filing. For me, filing relieved my stress and gave me a chance to heal as I wasn't also dealing with the creditors and the debt. It actually helped me.

If I could have gone back to 2001 and had a redo I would have done chapter 13 FIRST.

Learning to budget and the lifestyle change it brings is so cleansing. Had I learned that lesson the first time, I wouldn't now have 4 PR on my credit report.

Good luck to you all.

It does get better