Fed Taxes;Atty Fees etc

[nojusticehere]

Morning everyone. Well, I've finally retained my atty on the
11th. He seems to be very knowledgable, he specializes in BKs and has been doing this for over 30 years. He was the 6th that I meet and felt comfortable with. Still waiting to meet with him again to get this ball rolling. I've supplied him with all the paperwork etc, so hopefully this week we'll meet. I have a couple of questions:

(1) I e-filed my fed taxes and am getting back around $1600. Can I use this to pay my atty? I should get it by Feb 1.
(2) I still have a court date on Feb 4 for mediation where I am being sued and had hoped to be filed on my Chap 13 before then, but doesn't look like it's going to happen. My atty said "you don't need to go, you owe the debt so what would be the purpose? They are going to get a judgement anyway and we will just include this in the 13." My question however is....once they get a judgement (and they will) how long before garnishment happens? I hope to be filed before that happens!!!
(3) Once an atty is retained, what is the normal "waiting" period before you meet again to review all the paperwork and then file? The phone calls are decreasing, it's getting quiet and am nervous about Well's Fargo filing suit now for the deficiency of my repo'd car. I haven't heard from them in about a week.
(4) And finally....once filed, if I understand correctly, the first payment is due 30 days from the filing date???

Again, I want to say thank you so much for everyone's involvement in this forum. During my atty meeting he said to me "oh, you've done some research", This formum has helped me to be more informed and ready to ask the right questions. Thanks again.

[Flamingo]

Morning everyone. Well, I've finally retained my atty on the
11th. He seems to be very knowledgable, he specializes in BKs and has been doing this for over 30 years. He was the 6th that I meet and felt comfortable with. Still waiting to meet with him again to get this ball rolling. I've supplied him with all the paperwork etc, so hopefully this week we'll meet. I have a couple of questions:

(1) I e-filed my fed taxes and am getting back around $1600. Can I use this to pay my atty? I should get it by Feb 1.
(2) I still have a court date on Feb 4 for mediation where I am being sued and had hoped to be filed on my Chap 13 before then, but doesn't look like it's going to happen. My atty said "you don't need to go, you owe the debt so what would be the purpose? They are going to get a judgement anyway and we will just include this in the 13." My question however is....once they get a judgement (and they will) how long before garnishment happens? I hope to be filed before that happens!!!
(3) Once an atty is retained, what is the normal "waiting" period before you meet again to review all the paperwork and then file? The phone calls are decreasing, it's getting quiet and am nervous about Well's Fargo filing suit now for the deficiency of my repo'd car. I haven't heard from them in about a week.
(4) And finally....once filed, if I understand correctly, the first payment is due 30 days from the filing date???

Again, I want to say thank you so much for everyone's involvement in this forum. During my atty meeting he said to me "oh, you've done some research", This formum has helped me to be more informed and ready to ask the right questions. Thanks again.

Question #1 as to refund - was your attorney aware of this refund amount? Check with him if you can use it to pay his fees.

Question #2 - Listen to your attorney. Ask him if you can contact the other party to provide that party with the name of your retained attorney and that you will shortly be filing Chapter 13, although it probably won't make a bit of difference as he stated.

Question #3 - There is no normal waiting period after you retain an attorney and return all your filled out listings/paperwork to him/her. Work on that paperwork, fill it out as best as you can and follow your attorney's instructions as to making an appointment to come back in or just returning it via mail. We thought it would take us forever to fill out all the documents we were given, especially the one with listing everything in the household. But we got it done. In our situation, we retained our attorney in mid-February 2002 but we had to file our 2001 tax returns prior to filing BK since we had a large balance owing and we were going to include that in our Plan. We filed BK early April 2002.

Question #4 - yes, your first Plan payment is due 30 days after filing. Your attorney will advise you how much to send in and where. The first payment is usually almost always made before your first meeting with the Trustee.

My best advice to you - never miss or be late with a Plan payment or any payment of anything during your Chapter 13. If you run into problems and think you cannot pay something or will be late, contact your attorney immediately.

[nojusticehere]

Thanks Flamingo for your answers. As for question 1) No he was not aware of the amount since I just filed it this week. I guess my question is since I've filed the taxes and due a refund, and I'm almost certain that I won't officially file until sometime in the next few months, how much does this refund play in whole scheme of things, if I show that I paid the atty etc. Or should I hang on to this until filing and turn it over? If I do the latter I guess I should remove it from my checking account?

As for the suit, he said I could go the the mediation but because I haven't filed yet it wouldn't matter to tell them I'm filing bk13 since I would have no proof at the time and unless I could pay the bill (in which that would delay the bk filing) don't bother. I just don't want them garnishing my wages before bk.

I didn't think to ask my atty this question, so I'll take a crack here. I'm renting now and am thinking about moving to a less expensive place. My lease is up 1 March, I live in Florida and I'm allowed $1274 for rent and utilities etc for 1 person according to the means calculation. I'm presently there (actually above this by about $100). If I move to a less expensive place how will that affect the calculations? In other words, during the bk does the trustee use the actual amounts paid or the allowed government amounts? Thanks again

[MomIcantFindmy]

I didn't think to ask my atty this question, so I'll take a crack here. I'm renting now and am thinking about moving to a less expensive place. My lease is up 1 March, I live in Florida and I'm allowed $1274 for rent and utilities etc for 1 person according to the means calculation. I'm presently there (actually above this by about $100). If I move to a less expensive place how will that affect the calculations? In other words, during the bk does the trustee use the actual amounts paid or the allowed government amounts? Thanks again

I also have the same circumstance and when I looked into it I found that you could claim the actual amount or the allowed amount for your rent and utilities. Which ever is lower. I was not thrilled.

[nojusticehere]

ugh! Well then I should just stay where I am. I really like it here. What about moving during the 13? Would it change my payments if I'm at 100%?

[Flamingo]

Thanks Flamingo for your answers. As for question 1) No he was not aware of the amount since I just filed it this week. I guess my question is since I've filed the taxes and due a refund, and I'm almost certain that I won't officially file until sometime in the next few months, how much does this refund play in whole scheme of things, if I show that I paid the atty etc. Or should I hang on to this until filing and turn it over? If I do the latter I guess I should remove it from my checking account?

As for the suit, he said I could go the the mediation but because I haven't filed yet it wouldn't matter to tell them I'm filing bk13 since I would have no proof at the time and unless I could pay the bill (in which that would delay the bk filing) don't bother. I just don't want them garnishing my wages before bk.

I didn't think to ask my atty this question, so I'll take a crack here. I'm renting now and am thinking about moving to a less expensive place. My lease is up 1 March, I live in Florida and I'm allowed $1274 for rent and utilities etc for 1 person according to the means calculation. I'm presently there (actually above this by about $100). If I move to a less expensive place how will that affect the calculations? In other words, during the bk does the trustee use the actual amounts paid or the allowed government amounts? Thanks again

Advise your attorney of your refund since the refund is money received in your pocket during the required time period prior to your filing BK to report income. You will more than likely have to provide your tax return showing that refund to the Trustee and will be questioned about the refund so bring it to your attorney's attention and see whether or not you can use it to pay his fee. He will let you know.

I am uncertain about your rental question as we dealt with a house and mortgage during our 13 - hopefully someone else can help you there.

[woeisme]

I am pretty sure you will be able to use your tax return to pay your attorney, but ask him to be sure. I'd change my W-2's so that you get less back next year if you have a trustee that takes tax returns. Mine allows us to keep up to $6500, but that's not always the case, some take every last penny. Ask your lawyer about that too.

I know I have to notify my trustee if I move, whether or not he asks if it changes your expenses, again depends on how nit-picky the trustee is. Some just want to see your plan, and once it's confirmed, don't sweat making tons of changes to it, others are super aggressive and want every penny they can take, even if it means more work on their part. I'm thinking I have a more laid back trustee, at least so far, but only time will tell.

Good luck!