Filing for BK

[EveryDayAdam]

Hey everybody. I've been reading these forums for a while. Lots of great information. It's encouraging to read everyone else's accounts of their BKs. It has certainly put alot of my fears and unknowns to rest. THANK YOU!

I met with an attorney and liked what I heard, so i'm meeting with them again on Monday to pay my retainer. Just a couple of questions:

I just moved to NC for a new job from PA. My attorney said that I could just file under the national exemptions. I was wondering if anyone else knew of any other issues that might arise out of having to move. I moved here in May.

I've also read a lot of cases on this board, and haven't heard of anything similar to this: My lawyer offers something that their firm calls a "debt buster". They call it a mix between a Chapter 7 and a Chapter 13. Basically all of my debt, except for my legal fees are put in a chapter 7, and my attorney fees are paid as $200/mo for a year. They file right away and the case proceeds. I was just wondering if anybody has heard of this before? The URL to some details about the plan are at http://www.billsbills.com/debt_buster_overview.htm From what I can understand, they discharge all of my debt in a chapter 7, but then I reaffirm the attorney's fees and keep paying them through the proceedings.

Has anyone had experience with John T. Orcutt in NC?

I also signed up for true credit from transunion...$15/mo and I can pull unlimited credit reports with scores...this is so i can watch everything take place :-D

Thanks!

[Boscoe]

I did not know you could reaffirm unsecured debt. Would be a great option for those who are struggling to come up with the attorney fees by filing date.

I don't know though. The attorney has not earned their fees yet, as they have alot of work to do post filing.

We'll see what the experts here have to say on this one.

[lrprn]

I just moved to NC for a new job from PA. My attorney said that I could just file under the national exemptions. I was wondering if anyone else knew of any other issues that might arise out of having to move. I moved here in May.

If you just moved to NC, then you can file in NC as soon as you meet the NC qualifications to file in that state - ask a bankruptcy lawyer about this.

However, since you haven't lived in NC for two years yet, you must use the PA exemptions. Luckily PA is a state that allows you to use the federal exemptions if you wish - http://www.bankruptcyinformation.com/PA_exemp.htm Full steam ahead on that front!

My lawyer offers something that their firm calls a "debt buster". They call it a mix between a Chapter 7 and a Chapter 13. Basically all of my debt, except for my legal fees are put in a chapter 7, and my attorney fees are paid as $200/mo for a year. They file right away and the case proceeds. I was just wondering if anybody has heard of this before?

Go down and read the double-asterisked fine print at the bottom. You are going to pay $3,800 to this lawyer when all the dust settles to file your Ch 7 - that is very high! Have to say having looked at the website, it reeks of a shill game to me. Personally I'd keep interviewing experienced bk lawyers in your area.

Has anyone had experience with John T. Orcutt in NC?

If anyone has experience with this bk attorney, please PM (private message) EveryDayAdam to share your information. BK Forum does not participate in the public evaluation of individual bankruptcy lawyers.