top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Finally had a meeting with my attorney yesterday

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Finally had a meeting with my attorney yesterday

    All in all, it was a good meeting, I feel comfortable with my choice, but it's been a bit of a rollercoaster the last two days.

    Basically, I went in there with a firm belief that I was going to have to file a Chapter 13. He was running late but came out between meetings and handed me a copy of the paperwork they drafted. He pointed out specifically Schedule J - Expenses and then the section with the Federal allocations from the means test so I could compare and make changes (i.e. up my expenses). It was really helpful.

    I went over the paperwork, found some errors that were most likely made by the typist and marked some pages with questions. In some places my income was listed as what I gave for my 6 month lookback from January to June which included my bonus, and on others it was listed as what my income would be if the bonus wasnt included - about $300 less. My husband's OT was listed under my income as well.

    We went into his office and went over it page by page. He noted the errors and then we started crunching numbers. Soon we were bringing up my expenses in totally legit ways he felt comfortable with to try and get me closer to a Chapter 7. I mentioned that if I could file in October then my bonus would fall off and my income would go down by just over $300. He was all for that. And then I mentioned that my husband was looking to buy a new car. He asked how much the payment would be and I said around $280.

    He then told me if he buys the car, we're good. I said great - what does "we're good" mean? He said I could then file a Chapter 7. I left there on top of the moon.

    Then, for some reason, while I was driving away I remembered that on Schedule I my Net was listed as what it would be without the bonus. I shot him and e-mail and he confirmed. Drats! So still $300 away.

    He said that we would try and keep my 401k loan repayment deduction on the Schedule I and see if it would pass, but if the judge was feeling hornery they would discount it.

    So I figured instead of getting the 16k car we were thinking about we'd up it to the 22k car which would up our payment to around $380. I'm getting closer to my Chapter 7.

    So today I'm pulling together our new 6 month look back starting in April and I find ANOTHER error! They listed my withholding taxes at around $120 higher than what they actually are! So now we're another $120 off.

    I shot my lawyer another e-mail tonite with the new calculations and I'll see what he says. Hopefully its just a matter of me changing my W-2 for the next couple months, but I doubt it.

    Again, I do feel I made a good choice of attorney, and I know this is all just human error since I've worked for lawyers for 15+ years. I think the hardest part about these last couple days has been getting my hopes up so high to be able to file a Chapter 7 after resigning myself to a Chapter 13, and then having them crushed again.

    Ah well, I'll see what the e-mail brings tomorrow.

    #2
    Sounds like you and your lawyer are planning things carefully, Emma. Hope everything works out in your favor and you're able to file Ch 7. Good luck!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      It does sound like you and your lawyer have got your acts together, Emma. I'm betting you'll find a way. Best of luck to you.
      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


        #4
        You sound like you have a great attorney...he's looking out for your best interest!

        Good Luck!
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

        Comment


          #5
          Good luck Emma!

          Comment


            #6
            Okay - so after going back and forth by e-mail with my lawer I FINALLY understand how they got the withholding tax amount on Schedule I.

            Basically, I had been claiming too many deductions - 5 in the beginning of the year and then 2 from March on - so we would get more cash in our paychecks. Of course, then we would always owe at the end of the year. We need to stop owing and just break even.

            Their tax calculations were based on what we owed on our 2007 tax returns and should be paying. So it makes perfect sense. I just need to adjust my W4 to show the correct amount of deductions.

            So I'm feeling better about that.

            Now we just need to buy a car. Which means I need to sell our truck. Anyone in the market for a good used 1997 Nissan pick-up? Its got low miles and runs great

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X