top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Spoke with a lawyer today - good news!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Spoke with a lawyer today - good news!

    I did a phone consulatation with a lawyer today (recommeded by a BK Forum user!). He was very positive about our situation. He said we were "poster children" for bankruptcy.

    1. We automatically qualify for a Chapter 7 bankruptcy because our business debt exceeds our personal debt by more than 50%. We are not required to pass the means test. We have no income limit, so DH can get a job right away.

    2. He suggested that we simply file before my bonuses come through next year thereby cutting any worry that they would get that money.

    3. Even though we'd be filing before all our credit card charges have cleared 90 days, he doesn't think that's enough reason to wait to file. We will just have to accept responsibility for the charges that are less than 90 days old. Since we will probably file in January or February, that won't amount to much at all.

    4. The only slightly bad thing is that DH has some cash in his savings account that we will have to spend before we file. The lawyer said, "Do you have any home improvements you need to do?" Heh. It will KILL DH to spend that money, but oh well.

    5. We may have to file bankruptcy on one of the corporations to protect ourselves from lawsuits that could arise to accidents that happen on the property after we walk away, but he doesn't think that's a big deal.

    We have a meeting with him on Tuesday, and I have another consultation with a different attorney on Monday, but based on the recommendation and our conversation today, we will probably be going with this guy.

    I'll keep you updated as new things come to pass.
    Lisa C.
    Filing BK due to business insolvency.

    #2
    Great news, Lisac!!

    I'm glad you had a positive phone Consult!!

    While this may be the attny for you, definitely chat with a couple of others just to be sure. Also, you'll get some different perspectives and maybe think of a few more questions for your guy as well.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      It feels so good when that first bk lawyer consult goes well! Glad to hear yours was so fruitful!

      Originally posted by SinkingFast View Post
      While this may be the attny for you, definitely chat with a couple of others just to be sure. Also, you'll get some different perspectives and maybe think of a few more questions for your guy as well.
      Agree with SF that interviewing at least two more bk lawyers in your area is a good idea. We liked the first lawyer we consulted and he answered most of our questions. However, we ended up really liking the third lawyer we interviewed. He had the most knowledgeable answers to all our questions and we liked his direct, no-nonsense, yet folksy and unpretentious style. Since the bankruptcy judge in our district told us during our pre-trial hearing that we had the best lawyer for our particular case in town, we felt very fortunate that we had continued to interview a few more lawyers after the first.

      Each lawyer consult provides a bit of a different look to your case and helps you understand all the options so much better. It's a very valuable experience!
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        I'm definitely going to the one on Monday, since I already paid for it. I will see about interviewing another attorney, but I am so short on time. We'll see how the in person interviews go and then see what's up.
        Lisa C.
        Filing BK due to business insolvency.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X