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    Nothing Going Right

    Well we were hit with an AP a month ago. The allegations were that we
    did not list the foreclosures we had on our original petition and the trustee
    found some property that is still owned by a company I was with but I was
    bought out 8 months prior to filing BK. I produced the notarized doc attesting
    to such. The allegations,imho, are bogus and we answered all of them, but the
    fact our attorney did not list the foreclosures now we're accused of fraud!! Yes
    we signed the petition and I should have seen whether they were listed but I guess,
    no excuse,so overwhelmed we signed.

    Anyway went to see another attorney today who is actually the other
    district trustee. He claims he can't help us as he is retained by another client
    with a very similiar situation. How that stops him from helping us I'm not exactly
    sure. He does feel our attorney has let us down and recommended another really
    good attorney in town.

    I'm just at my wits end. Doubt my marriage will last due to my screw ups in the
    past that led to all of this,etc. I understand if we do not get the discharge then
    that's it, we can't file again ever on these debts.

    Not really sure what I'm asking and maybe just wanting to vent. I'm just done
    with it all. I thought this would be a cut and dry case, but should have known
    something would get screwed up and it did.

    #2
    I am really sorry to hear this. I don't have any wisdom on this but I know many on the board may. Most of all, I just want you to know you're not alone and hang in there!
    A fresh start is a beautiful thing. And I'm not an attorney, just opinionated!

    Comment


      #3
      Thanks discombob. I really appreciate the kind words.

      I'm trying my absolute best to keep it all together and stay strong,especially
      for the sake of my family. I'm trying not to dwell on the past and focus on now.

      Comment


        #4
        One thing I've learned during this process is there is a solution. Try to stay positive, and you have definitely come to the right place for resources. Wish I could help more but I'm not one of the experienced ones here. Big hugs to you and yours!
        A fresh start is a beautiful thing. And I'm not an attorney, just opinionated!

        Comment


          #5
          Thanks!

          Comment


            #6
            wow i am so sorry for what you are going through. my first thought when reading your post was that your attorney should be held accountable for not representing you correctly. it surely sounds like the attorney did not do something right and you may have recourse there. that is what you paid him for, his legal expertise to file information correctly because you did not know the law. there are plenty of people on this site who have loads of experience and i hope they will instruct you as to your options. good luck.

            Comment


              #7
              This might be a real dumb question,so please pardon my ignorance.

              Can you voluntarily withdraw your petition for Ch.7 and come back in
              a couple of months with a new attorney and start over? Or with a AP,
              you're basically done for unless you can win your case in court?

              Comment


                #8
                Originally posted by ifucan View Post

                Can you voluntarily withdraw your petition for Ch.7 and come back in
                a couple of months with a new attorney and start over?
                No can do.
                All information contained in this post is for informational and amusement purposes only.
                Bankruptcy is a process, not an event.......

                Comment


                  #9
                  Of course not... Forget it, no fight left. My wife left me, they repossesed our only car.
                  Atty. swore up and down we were under 7 protection,relief of stay...yadda yadda yadda.
                  Bank found a loophole I guess. Anyway, who cares at this point. I have nothing left,not even
                  a life.

                  Not gonna live this way. Time to go.

                  Comment


                    #10
                    I'm really worried about you. My God, do I know how you feel. You are NOT the only one who makes mistakes. I have made so many in my life....marriage to wrong people, repeated credit problems, poor choice in college major, you name it I've probably lived through it.

                    I really hope that you find that last shred of hope and dignity. It is a hard road. Nothing is ever guaranteed. I keep looking for the shoe to fall at any minute and I have to stop. We all have to stop thinking like that. It WILL get better.

                    Comment


                      #11
                      Originally posted by ifucan View Post
                      Of course not... Forget it, no fight left. My wife left me, they repossesed our only car.
                      Atty. swore up and down we were under 7 protection,relief of stay...yadda yadda yadda.
                      Bank found a loophole I guess. Anyway, who cares at this point. I have nothing left,not even
                      a life.

                      Not gonna live this way. Time to go.
                      You do have a life. I just hope you realize that you do. The car is just a thing. I am sure your wife is stressed, too.

                      Please post back or PM if you need to talk. We are here for you.
                      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                      Not an attorney - just an opinionated woman.

                      Comment


                        #12
                        Originally posted by ifucan View Post
                        Of course not... Forget it, no fight left. My wife left me, they repossesed our only car.
                        Atty. swore up and down we were under 7 protection,relief of stay...yadda yadda yadda.
                        Bank found a loophole I guess. Anyway, who cares at this point. I have nothing left,not even
                        a life.

                        Not gonna live this way. Time to go.
                        Please do not let money, material things, and debt dictate that your life isnt worth living. You said it yourself - "..stay strong, especially for the sake of my family. I'm trying not to dwell on the past and focus on now." so there are MANY things to live for. If you're stressed out this much, I'm positive your wife is just as stressed - times like these you need to regroup and come together, not further apart.

                        We only get one lifetime - and you are here on this earth for a reason and a purpose. Dont let this bring you down to that level of despair, your family needs you and loves you.

                        Comment


                          #13
                          ifucan - please post and let us know you are ok. I'd bet I am older than you and I am just beginning to see the light at the end of the tunnel. I've also lost a home, a car, a spouse, my good credit and just about every material possession I ever owned. But that is all behind me now - finally - and the future holds limitless hope and opportunity. Things are just things...they are not what makes like worth living.
                          Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                          New Job 7-2011

                          Comment


                            #14
                            Sending hugs and hopes for you thru the ether. Hang in there, and PLEASE let us know you are ok.

                            ((((( ))))))

                            Keep On Smilin'

                            Comment


                              #15
                              I too have made many mistakes through out my life. My wife and I are contently reminding each other that all the things have come and gone, and we will get other things in the future. But things are not your LIFE, believe that new and better opportunities for you and your family are around the corner. I didn't show a prior bankruptcy on my petition either, had to go to court and redo form to reflect the prior filing info. It worked, the judge was understanding and I was discharged 1-25-11. Don't give up, please hang in there.

                              Comment

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