a lawyer said filing ch 7 is ok. Is it?

[Phelan]

Met with a lawyer a week ago and he said I can file ch 7. He hasnt looked at my bank/cc statements or income yet. I fall below the ohio median in my county.

I'm laid off and staying with family after my divorce. We have shared parenting but my son is with me everyday. I cover food and whatever in the home. My bank statement shows alot of money going to krogers and walmart but I have no receipts. I have several dinners out with my son so we could talk about the divorce and his mom as well as him wanting to go to mcdonalds and burger king alot. I need an apartment asap for his sake but on a budget being laid off means no cc payments just money to live. And I'll need to pay for my sons braces and glasses on my own. Besides paying support and covering 90 percent of my sons expenses.

I'm a uaw worker so I don't know if I have a job to come back to. I have no savings and few "assets" and I'm going to borrow money to file.

The lawyer said I'll have no trouble filing ch 7 and discharging the 15k debt I have. He also said it wouldn't affect my ex. I gave her the house and everything in it and she can't refinance yet so it's in both of our names.

I've used my cc a little over the last 2 months. My credit score is 754 even withbeing late several times and going over the limit. I mostly pay minimums but I payas much as I can. I'm usually late a week or two on my car payment and pay the penalty. My cell bill always is late with a carryover balance.

I don't know what to do and I can't sleep

[Genenco]

Met with a lawyer a week ago and he said I can file ch 7. He hasnt looked at my bank/cc statements or income yet. I fall below the ohio median in my county.

I'd sort of wait till he's got ALL the information..It sounds like there's trouble brewing in regards to the house. If you BK out, she's "Possibly" got to shoulder the debt and if she can't, then there's a hit. PLus the debt you do have, she may have to shoulder also...Only your lawyer can be sure of who pays for what and such...But check a couple more, sometimes these lawyers don't see such as they either have never dealt with the situation, or just are just too new.

[TEW]

Well relax if you can and get some sleep if you can. It sounds like things will work out OK for you.
Your Ex will be responsible you the mortgage after your discharge. Stop paying for anything you don't want to keep.
good luck

[Phelan]

thanks. I'll check with another and bring 6 months worth of statements. As far as the house in the divorce it's hers and she needs to pay me 2500 but I'm going to forgive it. She's been paying it for 9 months now so he said as long as she keeps paying she's fine. Our cc debts are seperate so they can't come after her. Same with my car. My concern is that my spending won't make sense and with no receipts to back me up I wouldn't get a ch 7. But if I have a budget with an apartment and expenses I have nothing and I may even be in red. What do they do with your bank statements.

Thanks

[Phelan]

when I meet with another lawyer what should I bring and what should I ask ?

[BROKENN]

Bring your statements, 6 mo look back. Taxes. And you can make an excel sheet if you feel industrious. I wanted to know all the numbers myself. This was a great site to us a study: http://legalconsumer.com/bankruptcy/means-test/

If the paperwork looks good, let the atty do his job. Be sure to review your schedules yourself before you sign! Lots o threads on atty mistakes. So study and it will give you something positive to do for your own case! If all looks good, small chance they will ask for receipts.

[TEW]

when I meet with another lawyer what should I bring and what should I ask ?

You really don't need to bring anything. you can put some figures together. income and expense informetion.

[BROKENN]

Ha! That will do too!

Settled TEW? Hope you and yours are good!

[TEW]

Ha! That will do too!

Settled TEW? Hope you and yours are good!

Yup new home other house sold signed the deed Friday closing is the 29th happy new year. First mortgage will be paid in full. Thanks for asking how are you

[BROKENN]

Yup new home other house sold signed the deed Friday closing is the 29th happy new year. First mortgage will be paid in full. Thanks for asking how are you

Fabulous! Happy New Year!
Moved into our rental and the house is still empty. Parents tell me that a contractor came, secured it and they are off the hook It's been hard

OP, sorry! I thought of another.... make sure the atty is on your side and cares (as much as one can muster!)

Hang in there!

[Phelan]

Good advice. I actually tried listing my spending from bank statement in categories. So it looks high in food spending. Especially in the fast food department. The last 3 years have been hell on me so when by son asked for mcdonalds I didn't have to cook and it got me out of the house and bad memories. Same for restaurants but we would always talk about what was happening. So it worries me that it looks like I'm made of money. If u figure a budget for a home and utilities my spending is the same just in a different area. But I still worry I'm going to screw up things worse. Especially if I file and it doesn't go thru and the auto industry tanks and I lose my job. Then I can't file again for 8 years. Yup, I'm a worrier.

What are the percentages of success? What does the trustee do ? Attorney said nothing beyond looking for stuff to take and sell. I'm trying to clean up my bank account and spending so it makes more sense. And most importantly if my divorce papers say my ex gets the house(she's making the payments) will this hurt her or cause the bank to foreclose or insist she refinance now? The property value dropped 10k so maybe they prefer she keep it. How do you know they care?

[relief13035]

Are you from Phelan?

[Phelan]

no. My sons middle name is phelan. Where is Phelan?
Another question. I'm staying with my mother. Intent was to get my life back on track after my divorce and pay off as much as I could while there. Getting laid off derailed that plan. How does this affect filing?

[relief13035]

Phelan is a city in California - about 30 miles from me. We had an UNBELIEVABLE snowstorm this week. OK - maybe to many of you a 1.5 feet of snow isn't much, but to us in California, the whole town shuts down. Nobody knows how to drive and an SUV almost ended up in the lobby of my hotel. Just slid right toward the entrance. I was hoping you lived there so we could chat about this weeks storm.

[Phelan]

That's alot to me! We have mostly ice here. And the county doesn't salt like they used too. Many accidents. Ive almost ended up in several from sliding around and almost into traffic.