Feeling Hopeless

[Mom2one]

We went to see an attorney last Wednesday I left feeling worse than when I went in. He did give us 1 hour and 1/2 and answered all of our questions. But he took our tax return and one paystub and told us that we would have to go 13. That paystub had 20 hours on it. My hubby this week only got 2 hours, he will be lucky if there are 5 hours on his next paycheck. The overtime is slim to none. He had 4 or 5 paychecks in the past 6 months where he was able to get some decent overtime, but that was when we thought we could pay off the credit crds ourselves. The attorney gave us a ballpark figure of 750 we cannot afford that, not if I want to eat and pay insurance etc. Also we need a car as the car payment we have now will only be for 9 more months, so that cannot fully be put on our expenses.

I feel so hopeless. My hubby and I are stressed with the phone ringing constantly. We are thinking of waiting to file so that there will be some paychecks relfecting the lack of overtime. We were so damn stupid thinking we could pay 94K in credit cards ourselves. I think we ruined our situation by doing that.

We are supposed to see this attorney again on Wednesday, I don't want to because I know I am going to be a basket case again.

Thanks for letting me vent.

Oh and we are current on our mortgage. taxes and our car.
Chrissy

[Cali]

You need to talk to 3-4 attorney's, so you can see if they all are saying the same thing or if you can go another route.

I don't see how the attorney said C13 from only 1 pay stub and 1 tax return.

When we had our consults, we took 6 pay stubs, our recent tax return, all expenses and the amount we owe to each creditor. And I had questions written down that I wanted to see how they would answer them.

Things will get better, you just need to take a deep breath and get some tough skin.

Good luck!

[nojusticehere]

Please don't feel helpless. I know there were times when I felt very helpless with my head reeling not knowing what to do. Take the advice, please see more atty's. I don't understand either how they could say a 13. Take a breath, make the calls, and see a few more. Good luck!!!

[petej]

Good advise, talk to more attorneys. I think we have all felt like you do at some point in the process. Like Cali said you just need to "get some tough skin" and proceed. I think that some lawyers try to direct folks into 13's because there is more profit? This forum is a great "community" to visit and gain knowledge, and knowledge is power.... It can a will get better for you!

[qwertysue]

Another one who agrees with holding off until you have another free consult or two.

I would definitely keep a list of questions that you want to ask (make copies so that you can ask different attorneys the same questions). Right now, your emotions are understandably taking over the logic and matter of factness.

Let us know if you schedule any more consults!

[Flamingo]

Did you actually ask the attorney how he came about with that figure and why he based it on one paystub with 20 additional hours of overtime on it? Did you take in prior paystubs with you or just the one provided to him along with your tax return? Something is wrong here unless he was just giving you a ballpark figure that would change later. While a Plan payment may be tight it should not be that bad that it will cause you to be unable to survive and not miss any Plan payments or mortgage payments, etc.

Your income should be averaged out over a period of months prior to you filing; after you file if your income drops significantly due to lack of overtime, your plan can be modified. The trustee or attorney cannot go by income you have not earned yet; they go by what they have to go on in the months prior to you filing.

As others suggested, get a few more opinions before you make a decision and please rest assured that what you are feeling is totally normal but, believe it or not, you will get through this, you'll see!!!

[Mom2one]

Thanks Flamingo, no he only looked at 1 paystub and our tax return. We will see his colleage this Wednesday and we are telling them how it is with the overtime. And we will most likely wait a few months to file, hopefully we won't get any judgements as our bills are just now late.

Christine

[dragonnfly]

Please remember too that there are attorneys out there who have figured out that ch 13 is where they make most their money. We went to a local attorney, were told we were too far over the median and could only do a 13, paid him filled out all the paper work and he did something stupid, we moved on and currently filed ch 7 with a attorney who charged the same price for a 7 or a 13 and so far so good. Our 341 is Monday. Some attorneys see youas a paycheck. Others really want to help you.

[my4devils]

Chrissy,

Even though I have had a wonderful experience with this attorney, I still really think you need to get a few more opinions. We were a pretty cut and dry Chapter 7, way below the median. Being that you are so far above the median- maybe it is a good idea to wait a few months until your income drops. Have you sat down yet and really looked at your expenses? What is your disposable income after you have accounted for everything? Sit down with Kim on Wednesday and go through this stuff with a fine tooth comb. You really need to leave the pity party behind and get down to business, KWIM? If you would like some more references, let me know and I will ask around. Good luck.

[AtWitsEnd]

Don't despair. Our first appointment was Oct 2007 and our "attorney" met with us for about 15 mins. Made an appointment with his paralegal 2 weeks later, who spent 2 hours with us filling out paperwork. She said we would pay $968 for 5 years and we would file the following week. Not being comfortable with this figure,or the paralegal who answered "just deal with it" to all of our questions, we decided to wait to file, as my husbands overtime was cut considerable. In the meantime we consulted another attorney, who we "clicked" with immediately. I did lose the $500 fee we gave the first attorney, but we filed last week with a payment of $385 for the next five years.

You are doing yourself a huge favor to make several free consultations to find the right lawyer for you.

[Cali]

So you can't get your fee back if the attorney doesn't do the work you expect of them?

[Mom2one]

Well things just seem to be getting worse. The attorney called this morning and when my hubby told him we want to wait 90 days to file, he told him he is trying to "play" the system, my hubby tried to explain to him that overtime is dropping off he only got 2 hours this week. He said if we wait 90 days we will have lawsuits and be sued. That he would talk to us on Wednesday. I have no idea what to do. My husband and I are fighting, my nerves are bad, and I have no idea where to look for an attorney. I am afraid that this rreally is hopeless.

I mean is it "gaming" the system by waiting 90 days. I do not want to go into a plan that bases his monthly pay on overtime.

Christine

[nojusticehere]

Don't let that atty bully you, go see another. Correct me if I'm wrong everyone, but from what I understand, if you know for a fact that you are going to file BK, then you must stop charging on your credit cards, borrowing money, anything that might be suspicious.

Now, I waited 6 months before I filed, knew I was going to file but couldn't until after christmas and when I had the fee. I made sure my car payment was on time, as well as my rent, elect, etc, and any other secured payments that I planned on keeping. I stopped paying my credit cards in Jul/Aug 07, and yes I starting get the calls. It was terrible, calling me at home, on my cell, and at work. I just dodged them, hung on them. I filed BK in Feb 08.

Again, don't let the atty Bully you! There is no set time that you "Have to file". Sounds like the atty is trying to force you into this for the money. Take your time, wait a couple of months when your paychecks are less, and then file.

As far as lawsuits, I did get served, but it was 120 days after the last payment was due, then the court date was scheduled for 2 months later. By then I had filed and received an automatic stay. I even had a car repo'd in Sept, they sold the car in Oct, I didn't hear from them at all, and by time I filed it was to late for them to get anything.

Good luck, go see other atty's, stay calm, try and stop arguing with hubby, take a deep breath. Good luck!

[lrprn]

I mean is it "gaming" the system by waiting 90 days. I do not want to go into a plan that bases his monthly pay on overtime.

It is most definitely NOT 'gaming' the system to wait to file until the situaiton is best for you. It makes no sense to go into a Ch 13 knowing that your income is dropping.

How long has it been since you stopped making payments to your non-secured creditors?

If you haven't retained this lawyer yet, set up appointments to meet with 2-3 more. It bothers me that this particular lawyer is reluctant to wait until your income stabilizes before filing.

[dragonnfly]

So you can't get your fee back if the attorney doesn't do the work you expect of them?

We had paid our first attorney $400 and he did refund $300 of it, I didn't tell him we were going to another attorney, I just told him we were going to wait. Its more or less up to them as to how much work they have done and and what they feel its worth. I felt lucky to get back $300.