Feeling Hopeless

[Mom2one]

My first payment to a few credit cards were late on May 30th. Everything is now coming late. I just don't see how this is going to work. I don't even know where to look for an attorney!

Christine

[MajorMike]

My question is, did that quote include cars and mortgage and what are you paying now? Is that BETTER then what you're paying now? $750 is not bad if it is taking care of almost 100K in credit card debt. You'd be paying much more if you don't file. 750x60 is 45K. That is less then half of what you owe AND you're saving a ton in interest. You HAVE to be paying several thousand a month right now to make the minimums aren't you? How long were you able to keep up with that?
Definitely see another attorney and take in several paystubs and tax returns.

[nojusticehere]

1. Look in the phone book under BK atty's
2. Check on line
3. State Bar Association
4. Call the Trustee's Office and ask if they can give you a few names of atty's in your area.
5. Ask anyone on here that may be in your area, or close by, for any recommendations.
6. There is also a lawyer referral agency, it's usually listed in the phone book. It would be an 800 number.

[Mom2one]

Mike you are right it is much lower than we were paying, however. my hubby is not getting 20 to 30 hours a week overtime anymore, he is lucky if he is getting 5 hours a paycheck,. So no we would not be able to afford that.

Christine

[Mom2one]

I bit the bullet and emailed 2 attorneys, 1 in Harrisburg and 1 in Lancaster. Hubby thankfully is listening to me. I told him it is not right that this guy seems to want us to fail. Hopefully we can find an attorney that will understand that we need to wait to file, not only for the income part of it but to save up for an attorney. I wish we could wait like 5 months, but I am afraid of lawsuits or liens.

Please keep your fingers crossed that we find a good attorney.

I want to thank everyone for all their replies, my family and I are very grateful! I would have known nothing and be going into this blind if it wasn't for this board! I am trying to pull myself together as my son's 13th birthday is Wednesday and it is a milestone as he was born 11 weeks early at 1 pound 12.9 ounces. And he is now finishing 7th grade and in honor classes! So I know I have alot to be thankful for!

PS I also emailed that attorney asking him why he thought we were trying to "game" the system by waiting until we can afford a plan!

[AtWitsEnd]

We are in the same district, I will send you a PM.

It is foolish NOT to plan your bankruptcy. We stopped paying credit cards Oct 25, 2007 and didn't file until May 29th. Tons of collection calls, but we had tons of creditors too. Never got served, actually they just started to charge them off in June. Our first attorney (paralegal) tried pushing us into filing within a few days of meeting them...don't do it!! The lawyer is working for YOU, you file when you are ready. They will look at your past 6 months income, so start counting from whenever the paychecks started to drop. If you had a really big paycheck in December, it will drop off in June. If you would happen to be served, which I doubt but I suppose it could happen, then file. You have time to plan this, don't get too stressed over it.

My personal opinion is cancel your appointment on Wednesday, and if you do go to the meeting, by all means DO NOT take the retainer fee to pay them.

[jwbbx]

PS I also emailed that attorney asking him why he thought we were trying to "game" the system by waiting until we can afford a plan!

Mom2one,
Given your experience with him maybe it's just better to drop him. You don't seem to trust him and if that's the case how will you ever feel confident that he's doing right by you?

When I was looking for an attorney, I looked at the yellow pages and found the ads under Bankruptcy and went by a process of elimination. I eliminated those that were in Detroit, it's the closest BIG city but it's still 90 miles away for me. Then I did my best to eliminate what I call the BK Mills - the ones that advertise constantly on the TV. I was left with about 4-5 then. I set up appointments with 4 of them.

The guy I picked was the 3rd on the list. His ad was one of those little one line things. No display ads, nothing fancy. Turns out he's one of the best BK lawyers in the area and doesn't NEED to spend a fortune on yellow pages ads.

This guy spent 2 1/2 hours with me on that first free initial consultation. We got along, I trusted what he told me, and it matched with what I'd read. All important things to me.

As to 'gaming the system', It takes time to make this kind of decision/commitment. It also takes time and lots of consideration to put budgets together and stuff. I would not trust doing this in just a few minutes; you're bound to miss important things. I revisited mine a LOT, adding things like eyeglasses and some dental work I know will come up within that 5 year plan. I am also diabetic and needed to be sure I could cover all those supplies that are not covered by my insurance. Things like that I would NOT have thought about if someone asked me 'what do you spend' out of the blue. I have been conditioned to just 'charge it' for so long that it's hard to actually sit and recall all those incidentals that come up and are legitimate expenses.

Aren't you fairly close to York? There should be a good number of attorneys there - it's a fairly large city. Maybe do what I did but with the York Yellows?

PS - I grew up in Downingtown, PA - I just love that area. How the heck did I end up in Mich?

[woeisme]

Drop this attorney FAST! Sounds like he wants to force you into a CH 13 that you can't afford, and is totally un-interested in doing what is best for you, who needs a supposed "advocate" with that attitude??? I would not go to the follow-up appointment on Wednesday, and I would definitely wait until your paychecks are a more accurate reflection of your true earnings to file. And so what if you even get sued in the meantime, which I don't think will happen that fast anyhow. We had 3 judgments against us when we filed, filing got rid of them and now they are just like our other debts. You are doing the right thing keeping current with the secured payments, let the rest go and don't worry about them, they will be included in your plan anyhow, which will be based off your REAL income, not the overinflated with overtime.

[Mom2one]

I just got an email from this attorney, he accused Chris of purposley not working overtime to get a lower payment. And that if he stops working overtime, the trustee will see on our tax return and raise our payment if we are in a 13. Does this make any sense to anyone? There is SLIM to none as far as overtime right now, And no we are not going to see him on Wednesday! I instead am going to enjoy the day with my son and husband!

Christine

[woeisme]

No, your trustee cannot force you to work overtime! Heck, your trustee can't even force you to work at all! There are plenty of people who file BK every day, many because they have no jobs, others because they can't work enough hours to pay back their debts, geezzee!

This attorney is a bully and hopes to scare you into filing, but what he doesn't know is that you educated yourself on the process and know he's blowing hot air!!! You just might want to report him for being so abusive. Seriously, I'd tell him he's a dumbass and that you plan to report him for threatening you and giving you poor advice to try to force you into a CH 13 that your current work situation cannot support. Hope you didn't give him much $ already, if so I'd make a formal request for him to write up what he's done and return the rest because you won't be retaining his services.

Enjoy your day with your family! And know that there are good, smart BK attorneys out there that do have your best interest in mind, it will just take a little looking around to find one.

[Mom2one]

No we did not give that moron any money. Thankfully I had a much better day today, got stuff done. Even managed to eat something! We are going to start making appointments with more attorneys, we found 2 that we are interested in. We will make those appointments the week of the 16th,.

We are just now confused about the whole car thing. Maybe we should wait to see an attorney. We were not goingto buy a new car, we were goingto get a used one. But now people are telling me it is fraud. I don't know. For now I am just taking it day my day. And keeping my fingers crossed that noone sues me for 3 months!

Chrissy

[epiphany]

I just got an email from this attorney, he accused Chris of purposley not working overtime to get a lower payment. And that if he stops working overtime, the trustee will see on our tax return and raise our payment if we are in a 13. Does this make any sense to anyone? There is SLIM to none as far as overtime right now, And no we are not going to see him on Wednesday! I instead am going to enjoy the day with my son and husband!

Christine

Fire him and FAST! I would fire him even if you have already paid him something and lose a little money...and I wouldn't even meet with him on Weds if you can avoid it..might rack up some extra fees. Your lawyer is supposed to be on YOUR side and as far as gaming the system...that's what they are supposed to do for you, sounds like yours is trying to game you.

Is he a trustee by any chance...he sounds bitter...anyway, you have been given some ideas of where to find another attorney...and you will find one who is compassionate to your circumstances. You have to wait anyway to file so there is no harm in looking for another attorney.

Good luck,
ep

[peanut514]

It could be a good idea to wait! As long as you you are under the states median for the past 6 months then you should be able to file ch 7.



* any of my info is just my intake on the different websites and such I have read from.**

[Mom2one]

Thats another thing that I found interesting. He said that we could NEVER get a chapter 13 because we were over the median income. The median income for a family of 3 in PA is 64K and change. I took my hubby's last 6 months gross even with overtime and we are lucky if we are 5 K over!UGH

Christine

[grndmom53]

Attorney cost

Not sure if I am posting in correct area so please the post if you need to!

Just got back from meeting with an attorney in AZ. His cost for a chapter 13 is $3700. He wants $2000 down & the rest will be put in chapter 13 plan. We have met with one other attorney who wanted 3200.00, but like the guy we saw today.

This seems high to me, any advice?

Thanks