List of ?'s for tomorrow...what do you think?

[notsoHappyMomma]

Ok, have my list of questions for tomorrow...just keep your fingers crossed I can actually talk to someone!

1. Were estimated taxes on the distribution/bonus portion of DH's monthly income factored into our monthly expenses? This is crucial becaues our wonderful gov't takes darn near close to half!
2. In the future, what path would you like us to take if we have a question?
3. We had to repair our car...it was a must because with 5 kids, we must have that vehicle...as DH's truck does not have seatbelts for all. The cost of repair was 1200. (I have the itemized bill for them to copy)
4. We have a personal loan we pay 1275 on each month. Can we figure that into the plan? Or what do you suggest?
5. Would giving up our house be beneficial to us in the long run?
6. Since we were negative on payday and then had to turn around and repair the car, we don't have the money for the payment scheduled. What do you suggest?
7. Can you please break down how the payment of 3600 per month came to be? I am worried since we filed in such a rush, something was missed.


Those are my questions...can any of you think anything else I might need to add? Thanks for all your help. I really appreciate it!

[AngelinaCat]

Momma: You have very excellent questions. You filed in a rush, and as I remember, you weren't too happy with your attorney.

My advice is: Number One: have a little Radioshack recorder with you so that you can remember all details between you and your attorney. Ours has been trying to 'gaslight' us. Also if both of you are going in, have pens and papers and write notes down.

Trust me, what one of you remembers, the other will not. That is why 'Hub and I have different nicknames. Other than that, it seems like you are prepared.

Just remember--as regards the attorney--YOU are the employer; the atorney is the employee.

Good luck to you and God Bless~~~~

[becky20]

Good luck tomorrow!!! Please keep us posted on how it goes, hope you get some good answers!!

[HHM]

1. That is a good question, if you are making estimated tax payments quarterly, that should be factored in.

2. Good questions

3. This seems more like a premise to question 6 then an actual question.

4. This loan should be in the plan, a personal loan is an unsecured debt like any other. You will NOT continue to pay that loan directly, that loan will be lined up with the rest of your unsecured creditors and should have been disclosed to your attorney from the start.

5. A good question, but one you should be able to answer for yourselves. Your attorney may balk at the question since it is not a legal question.

6. Missing a payment at the start of the plan is a sure fire way to get your case dismissed. You will get 2 answers from your attorney. (1) find a way to make the payment, (2) I will see what I can do, but you still need to find a way to make the payment.

7. Good question.

[notsoHappyMomma]

4. This loan should be in the plan, a personal loan is an unsecured debt like any other. You will NOT continue to pay that loan directly, that loan will be lined up with the rest of our unsecured creditors and should have been disclosed to your attorney from the start.


6. Missing a payment at the start of the plan is a sure fire way to get your case dismissed. You will get 2 answers from your attorney. (1) find a way to make the payment, (2) I will see what I can do, but you still need to find a way to make the payment.

Thanks guys for taking the time to give advice and encouragement.



4. Now that I have researched, I realize we should have included the personal loan in the plan from the start..but we rushed so quickly, I had not even googled "bankruptcy"....so, that is the reason. It is a secured loan...we signed a contract promising a future innuity (however you spell it) if we default.

6. Now I am in tears again...we are so screwed. I would give my left big toe if we would have just not rushed. How can two people who have no money or credit be expected to come up with 1200 for a car, then 3600??? Even if we call the person who gave us the loan, he has 7 months worth of post dated checks for the payments. If he says no....oh, I am so tired of thinking about all this.

None of this matters anyway. Our attorney never returned the phone call, was out to lunch when went by at 10:30, and has still not returned the email from Friday...much less the one from today. I know for a FACT that the estimated taxes were not figured in. I got out a copy of our monthly expenses and it is not on there.

[rrockinggramma]

you need to stay persistent with this however and keep bugging your attorney. You need to get this included and the trustee could ask this relative for that money back as it could be seen as preferential payments to a creditor. Definitely don't let this one slide.

[onejeg]

Hey I feel your pain! I couldnt get a hold of my lawyer for 2 month (long lunch) . I rushed it as well and my lawyer sucks but I am just trying to make the best of it. My lawyer told me that if my expenses increase (got a baby on the way) or my income decreases then they can petition the court to lower the payment. Hope this helps