What happens Now

[sal]

We retained an attorney and he is going to file by the 1st of August.
Will we be able to sit down with him before he files to see the plan he has written for us.
Thanks. We are new to the forum and its great help!

[AngelinaCat]

Uh....... Sal, I hate to add another worry, but you should have discussed that with the attorney first. What kind--if any--pre-BK education did you get first? How in depth? and how long? Or were you handed a piece of paper and told to read this? And everything on the page might as well have been written in Klingonese?

[AngelinaCatHub]

Sal: We were as if we were just found under a cabbage patch. Dumb as a brick. You are joining the “Brick Club”. Since then, we have learned very much. First, what are you filing? 13 or 7? Before he files anything, sit down with him and get your education. A very good book by nolopress.com about Chapter 7, and a 13 book is available, but do not know if it has been updated yet. The C7 book can be purchased pdf for about $17. Otherwise hard copy is more expensive. It will educate you. Be totally honest. That is the clue to all of this. You are on the very best support group ever. Keep us posted. ‘Hub

[justplaintired]

You most definitely will meet with your attorney again before he files. He will need to review all the papers and if he doesn't do that, then DON'T FILE WITH THIS ATTORNEY. You should have a meeting in his office to sign paperwork before filing takes place. Atleast that's what we are doing with ours. Now I assume you are filing C13 since you said payments. If you are concerned call this week and ask these questions. Even if you speak with the paralegal if they are half as good as ours is they should be able to answer all your questions.

Good luck!

[sal]

Thanks guys. We are filing chapter 13 and keeping the house out of the plan.
Im a bit worried because we have what I think is negative disposable income, we just cant make it happen.
Im hoping our attorney, whom is highly recommended to us, can work some magic.
Ill call him 1st thing and make sure we have a meeting scheduled. I just assumed we would meet before he filed.

[AngelinaCatHub]

If you have NEGATIVE disposable income, aren't you going backwards???? If so, there is no way you can do a 13 based on what you have told us. I would definitely call your atty and get an opinion re: 13 or 7. But get those books first. Only my opinion. 'Hub

[sal]

We cant do a 7 because I had one 4 years ago and we live in Wisconsin which means if my wife files then they can come after me.
Ive been learning a lot from this forum and its helped a lot.
I say negative income, but havent talked to our attorney since we gave him our paperwork.
Ill be calling him tomorrow to see whats up.
Please bear with me as this is all a bit overwhelming and im trying to gather as much info as possible.

[AngelinaCat]

Hi Sal: There is no problem in bearing with you; we want you to end up coming out of this nightmare successfuly. IMO both you and your wife need to go see the attorney. You need to tell all of both your situations. Seriously, if you have more outgo than income, I do't see how you will be able to manage c13. However, if you are a community property state and you think 'they' can come after you if DW files, then I should think the the Automatic Stay will protect both of you.

All our Best~~~~

[sal]

Thats odd, my attorney didnt mention anything about an automatic stay.
Im starting to get an uneasy feeling about all this.

[AngelinaCat]

Hi Sal:

I sent a PM, but I am posting the same links about the Automatic Stay that I sent you here, so that others can read them. The article in the first link is written in clearer English than the second one is, though the second one goes into a bit more detail.

http://www.moranlaw.net/stay.htm

http://law.scu.edu/FacWebPage/Neustadter/article9/main/commentary/76.html

It may be that the attorney gave you C13 as the only possibility because of your C7 BK four years ago. I would make him/her tell me that point blank. Also if you have a serious negative disposable income problem, ask how he/she expects you to be able to handle making payments?

Good luck!

[liz417]

Hi Sal,

This attorney seems to be "rushing things" along. How long was your inital meeting with your new attorney? Have you even taken your pre BK class yet? If he's filing on the 1st, have you sat down and list ALL your obligations (you'd be surprised at what could be over-looked when filling out the forms!). You need to "plan" this BK, not rush into something you aren't prepared for.

Good Luck and please keep us posted.

[BKParalegal]

Most attorneys don't rush a filing unless A.) There is a pending Foreclosure or garnishment or B.) The Means test will swing too much with another months income C.) He is in a contest to file the most BK's in one month.

Regardless, the attorney can file a short form and then has 15 days to figure out the rest. Again, there has to be some cause for the urgency.

Good Luck

[sal]

Thanks to all for the advice/help.
As a matter of fact I beleive he said he didnt want to take to long for fear of garnishment.
We have a meeting with him next week to go over our plan and perhaps sign papers.
My question is, will most attorneys work with the client to get them the bast "deal" ?
Our attorney has a wealth of experience in filing ch13's, so im really hoping he does us good.

[liz417]

... C.) He is in a contest to file the most BK's in one month.

Regardless, the attorney can file a short form and then has 15 days to figure out the rest. Again, there has to be some cause for the urgency.

Good Luck

Since I'm not in this field...I hope this is a joke...