Scared

[Mom2one]

Hi. My hubby and I will be filing BK very soon. We called an attorney today and we have an appointment for next week. We are very scared. We want to file 7 but also want to keep our house and car which are both current.

I am wondering for those already in the 13 plan. Do they give you payments you really can't afford? I am sick with worry. I mean I have ason and a hubby to feed. My hubby works hourly and sometimes gets overtime, sometimes he does not. I am so scared, we are about 5 k over the median for a family of 3.

Anyadvice would be appreciated.

thanks
Christine

[justplaintired]

If your current on your mortgage and car and do not have more equity then your allowed for your state you can keep both in a C7, atleast that's what we were told by our attorney. You are not over by much on a C7 and with expenses it could be you can file C7 with no problem. Your attorney can see where your at with that. Remember meet with more then one to see which makes you most comfortable and you feel confident with.

Take it easy, after you speak with the attorney you will feel much better. They can point you in the right direction and put some of your worries to rest (sorta).

Also do some research and find out what your exemptions are for your state. Go into your meeting informed. Go ahead and do some research on what your expenses are. Housing, utilities, food, car, insurance payments, cell phone, cable, every single thing that you spend money on. Be prepared it will help you with your visit to your attorney.

[Mom2one]

I found the IRS site with the limits on food and such. Do the trustees let you use that? I feel so sorry for myself right now.

Chrissy

[justplaintired]

I found the IRS site with the limits on food and such. Do the trustees let you use that? I feel so sorry for myself right now.

Chrissy

I believe it depends on what state your in. The attorney helped us with ours to a point. Right now start with you basics, utilities, house payment, car payment, car insurance, phone service, both home and cell, just start a list this will help when it comes to the means test. That's why you want to meet with more then 1 attorney, find one that will help walk you thru this, if not him the a very knowledgeable paralegal, we deal with our paralegal more then with him, which is fine, she's a smart one!

[Flamingo]

Hi. My hubby and I will be filing BK very soon. We called an attorney today and we have an appointment for next week. We are very scared. We want to file 7 but also want to keep our house and car which are both current.

I am wondering for those already in the 13 plan. Do they give you payments you really can't afford? I am sick with worry. I mean I have ason and a hubby to feed. My hubby works hourly and sometimes gets overtime, sometimes he does not. I am so scared, we are about 5 k over the median for a family of 3.

Anyadvice would be appreciated.

thanks
Christine

You will be given a payment based on many factors (if you have to file a Chapter 13). It all depends on the state in which you live, the amount of your income, assets, debts, etc. Your creditors will be paid back a certain percentage of the debt owed them and you will need to learn to live on what is left to you on a cash basis and without credit. It is not easy but you will survive. It's a major lifestyle change for many to get through a Chapter 13 but you will learn tremendously from it and learn budgeting skills. Many state they do not want to see a credit card again.

The main thing is that once you file, you will know that at the end of that period of time for your Plan, your debt will be paid and the matter discharged and you have a clean slate. If you do have to file a 13, focus on that because as I am sure you have seen posted on here by many, there is light at the end of the Chapter 13 long tunnel. Best of luck to you.

[$$only4ever]

We were lucky. The trustee was pretty fair and our attorney worked with the trustee to get a plan with some "wiggle room." The most important thing to remember is that for 5 years you will be living on a "cash only" basis. You have to have a budget and stick with it. Try not to be scared. Good Luck.

[Help!]

Sweetie, my advice to you is don't do it. We were above the median and even though our attorney told us a 7 was feasible, we really got kicked around at our 341 hearing. Unless you have lived the life of a nun (and have the receipts to prove it), don't do it. If you file 7 and they decide you don't meet the means test, you have a Ch 7 on your credit report for 10 years. Yes, even if it is dismissed!! Before you think of a 13, exhaust all of your other options. Contact your mortgage lender - if they know you are serious about filing they may work with you. If you have CC debt, do consumer credit counseling. Only file if it is absolutely hopeless (permanently hopeless!) that you can make minimum payments. If you can stay afloat for a few more months, there is a bill being proposed that may help you with the mortgage if your home is worth less than what you owe.

I know what it is to be scared, and I was sick to my stomach after the hearing. My attorney told me there would be paperwork, a hearing, then... TA DA!! Don't believe it!! It can take months and many hearings... only to find out that they won't let you do a 7. Oh, and don't expect your attorney to stand up for you at the hearing. You will have to know those papers you sign inside out and to justify every number in them!

If you truly can't walk away from the house and you're ready for the fight of your life, don't just go see "AN ATTORNEY". Get a recommendation from someone in this forum! Ours was terrible and now we're much worse off than we were before!!

Go the route that doesn't make you scared, that doesn't cause you to lie awake at night or cry and doesn't leave your stomach in knots every day. Life is too precious to spend miserable.

[Mom2one]

Sweetie, my advice to you is don't do it. We were above the median and even though our attorney told us a 7 was feasible, we really got kicked around at our 341 hearing. Unless you have lived the life of a nun (and have the receipts to prove it), don't do it. If you file 7 and they decide you don't meet the means test, you have a Ch 7 on your credit report for 10 years. Yes, even if it is dismissed!! Before you think of a 13, exhaust all of your other options. Contact your mortgage lender - if they know you are serious about filing they may work with you. If you have CC debt, do consumer credit counseling. Only file if it is absolutely hopeless (permanently hopeless!) that you can make minimum payments. If you can stay afloat for a few more months, there is a bill being proposed that may help you with the mortgage if your home is worth less than what you owe.

I know what it is to be scared, and I was sick to my stomach after the hearing. My attorney told me there would be paperwork, a hearing, then... TA DA!! Don't believe it!! It can take months and many hearings... only to find out that they won't let you do a 7. Oh, and don't expect your attorney to stand up for you at the hearing. You will have to know those papers you sign inside out and to justify every number in them!

If you truly can't walk away from the house and you're ready for the fight of your life, don't just go see "AN ATTORNEY". Get a recommendation from someone in this forum! Ours was terrible and now we're much worse off than we were before!!

Go the route that doesn't make you scared, that doesn't cause you to lie awake at night or cry and doesn't leave your stomach in knots every day. Life is too precious to spend miserable.

We are going to see an attorney that someone in the forum recommended to me. We are only about 5k or less over the median.

[Cali]

I am sorry you had a bad time with your attorney, but not all attorney's are like the one you had.

And CCCS will be on your credit report as well, which to some creditors is almost the same as filing BK.

I would suggest the OP see 3-4 attorneys and have the questions written down that you want to ask. Make sure you have all your expenses, income, etc so the consultation can go smoother than guessing.

Sweetie, my advice to you is don't do it. We were above the median and even though our attorney told us a 7 was feasible, we really got kicked around at our 341 hearing. Unless you have lived the life of a nun (and have the receipts to prove it), don't do it. If you file 7 and they decide you don't meet the means test, you have a Ch 7 on your credit report for 10 years. Yes, even if it is dismissed!! Before you think of a 13, exhaust all of your other options. Contact your mortgage lender - if they know you are serious about filing they may work with you. If you have CC debt, do consumer credit counseling. Only file if it is absolutely hopeless (permanently hopeless!) that you can make minimum payments. If you can stay afloat for a few more months, there is a bill being proposed that may help you with the mortgage if your home is worth less than what you owe.

I know what it is to be scared, and I was sick to my stomach after the hearing. My attorney told me there would be paperwork, a hearing, then... TA DA!! Don't believe it!! It can take months and many hearings... only to find out that they won't let you do a 7. Oh, and don't expect your attorney to stand up for you at the hearing. You will have to know those papers you sign inside out and to justify every number in them!

If you truly can't walk away from the house and you're ready for the fight of your life, don't just go see "AN ATTORNEY". Get a recommendation from someone in this forum! Ours was terrible and now we're much worse off than we were before!!

Go the route that doesn't make you scared, that doesn't cause you to lie awake at night or cry and doesn't leave your stomach in knots every day. Life is too precious to spend miserable.

[Flamingo]

Sweetie, my advice to you is don't do it. We were above the median and even though our attorney told us a 7 was feasible, we really got kicked around at our 341 hearing. Unless you have lived the life of a nun (and have the receipts to prove it), don't do it. If you file 7 and they decide you don't meet the means test, you have a Ch 7 on your credit report for 10 years. Yes, even if it is dismissed!! Before you think of a 13, exhaust all of your other options. Contact your mortgage lender - if they know you are serious about filing they may work with you. If you have CC debt, do consumer credit counseling. Only file if it is absolutely hopeless (permanently hopeless!) that you can make minimum payments. If you can stay afloat for a few more months, there is a bill being proposed that may help you with the mortgage if your home is worth less than what you owe.

I know what it is to be scared, and I was sick to my stomach after the hearing. My attorney told me there would be paperwork, a hearing, then... TA DA!! Don't believe it!! It can take months and many hearings... only to find out that they won't let you do a 7. Oh, and don't expect your attorney to stand up for you at the hearing. You will have to know those papers you sign inside out and to justify every number in them!

If you truly can't walk away from the house and you're ready for the fight of your life, don't just go see "AN ATTORNEY". Get a recommendation from someone in this forum! Ours was terrible and now we're much worse off than we were before!!

Go the route that doesn't make you scared, that doesn't cause you to lie awake at night or cry and doesn't leave your stomach in knots every day. Life is too precious to spend miserable.

Please realize, as another poster stated, that all attorneys are not like the one you encountered. There are numerous attorneys as there are doctors and other professionals to choose from for advice, whether medical, financial or legal. Unfortunately, when someone is confronted with bad financial problems and a possible BK looming on the horizon, thinking sometimes goes right out the window and sometimes people just take the first option given. A good attorney will acknowledge your fears and try to put you at ease and show you the options that will get you out of the mess you are in. There are no surprises and if something should come up later, it will be explained fully to you. And then there are the attorneys that are so busy (like doctors), they just can't get it together, are never available and delay filings or other paperwork.

To the OP - take the advice of the other posters on here; if you have any family or friends who have utilized an attorney they were happy with in the past and he/she should handle BKs, give him/her a call. If not, a call to your State Bar Association can give you the names of several reputable attorneys in your area with expertise in BK. Most attorneys give free consultations so visit several before making a decision. You hire an attorney to do work for you; would you have someone work on your home or do an operation on you with the least experience or a bad reputation?

[justplaintired]

Sweetie, my advice to you is don't do it. We were above the median and even though our attorney told us a 7 was feasible, we really got kicked around at our 341 hearing. Unless you have lived the life of a nun (and have the receipts to prove it), don't do it. If you file 7 and they decide you don't meet the means test, you have a Ch 7 on your credit report for 10 years. Yes, even if it is dismissed!! Before you think of a 13, exhaust all of your other options. Contact your mortgage lender - if they know you are serious about filing they may work with you. If you have CC debt, do consumer credit counseling. Only file if it is absolutely hopeless (permanently hopeless!) that you can make minimum payments. If you can stay afloat for a few more months, there is a bill being proposed that may help you with the mortgage if your home is worth less than what you owe.

I know what it is to be scared, and I was sick to my stomach after the hearing. My attorney told me there would be paperwork, a hearing, then... TA DA!! Don't believe it!! It can take months and many hearings... only to find out that they won't let you do a 7. Oh, and don't expect your attorney to stand up for you at the hearing. You will have to know those papers you sign inside out and to justify every number in them!

If you truly can't walk away from the house and you're ready for the fight of your life, don't just go see "AN ATTORNEY". Get a recommendation from someone in this forum! Ours was terrible and now we're much worse off than we were before!!


Go the route that doesn't make you scared, that doesn't cause you to lie awake at night or cry and doesn't leave your stomach in knots every day. Life is too precious to spend miserable.

Again Help! as I posted in another thread to you, I am sorry for your position. But as the OP's stated not all attorneys are bad. I am unsure of exactly what is happening to you. It sounds like perhaps your are way over the median income? You didn't have all the prove you needed for your expenses? Your attorney didn't advise you on anything? Were you behind on your mortgage when you filed? If so, I thought you couldn't file C7, we were told we had to be current on any bills we intended to keep.

This is very unfortunate and I would seriously see what you can do about this attorney. It's too bad you didn't come across the forum before you hired your attorney and filed. The people on here could have been alot of help to you. All I can say is hang in there.

Momof5 it sounds to me like your all set. You have been on this forum for awhile and done your research. You will do fine. Don't worry.

All of us know why we are filing and I am sure most of us have weighed out what our options are. If consumer credit counseling made things all better we would have gone that route. We personally know the only way we will ever make it is to file and get on with our lives. By most post I have read and I have read a ton, most people survive their BK and few regret it. All we want is to be able to take care of our family and being out of all this cc debt is the only way we know of to do that. We have had many sleepless night thinking about how we will pay these bills so many nights I lost count, the only way I started sleeping again was realizing there is a way out, yes I expect it will be hard, but no harder then struggling to make ends meet and pay our min. payments. As someone says on here and I have seen it many times and it really made me think, this is a business decision for our family and the only one that makes any sense.

I do hope that your problems will be solved Hope! I hope that things will work out for you. See if there isn't some action you can take against your attorney. Good luck!

[2confused]

We actually surprisingly have thus far (1 week to go) got through 7 okay...however, i'm not sure how intelligent it was. i've read that a 13 can take away your second...if you have one. this probably qould have been smarter.

[xcracer522]

Hey Chrissy - I feel your pain, we have all been through that uncertainty and severe nervousness. I started out filing a 7 and went through a very simlar experience (from what it sounds) that HELP! went through. My attorney assured me that we would be fine in a chapter 7. When we went to court the trustee just looked at me and laughed and suggested that I convert to a 13. My attorney did absolutely nothing and when the meeting was over all he could say was "well I guess you make too much money". So when I asked him what the process was to convert to a 13 he said "oh I don't do 13's, your going to have to find a new attorney".(I was pretty sure I was going to jail that day on assault charges - luckily my wife calmed me down) My wife and I really didn't spend the time that we should have looking for a good attorney. When we met with this guy for the first time he was a real charmer and put us at ease but that was only because he wanted our money. We then spent a little more time investigating attorney's before filing the 13 and our current attorney is absolutley incredible. He faught for our every need and worked with us in setting up our schedule J (budget) so that we could set money aside for emergencies each month. We still went out to dinner once in while and went on a couple small vacations over the course of our plan. We actually just finished our payments in April - we made it through. It was a trying experience but we learned a lot. Once you go to the 341 meeting some of your anxiety will start to lighten up. Your lucky you have this forum - we've all been there and completely understand. Keep those questions commin' and make sure you do your homework before selecting an attorney. Hang in there.....you'll get through it!!