A couple of BK questions.

[ad_25]

First, why does closing after the discharge matter so much? I see a lot of people on here with countdowns to it. So after it's discharged, is it not officially discharged until it's closed?

Second, my lawyer seems very smart and only does BK's - a lot of them, but he seems very easy going about no one looking into how long we've lived in this state or the fact that 8k was spend in 2 mos on our cc's and we've only made 2 payments after that and because I lost my job and we had to leave our house (short selling) that the trustee isn't going to look back in most cases to see if we file a few weeks before our 91 days. Is this something that people have experienced with their lawyers? We're not going to file before the 91 days anyhow because we won't have the $$ paid to the lawyer, but in general just wondering on that question.

Thanks....

[keepmine]

Closing means, it is truely over. Often, a Chapter 7 with assets is discharged but not closed until the trustee has collected and, distributed any assets. It takes a creditor objection to get the trustee involved in recent cc activity.

[danaf]

could be that your lawyer wasn't concerned about the 90 day rule because he would file you until after.

or it could be that he doesn't care. he'd make his money no matter what.

or that he thinks the loss of your job would be enough to hold back any creditor objections.

my opinion is that a good lawyer would have said something and would want to play it safe.

[ameliabedilia]

When I talked to the lawyers (3 of them), none of them thought it would matter if I used my current state's exemptions, even though I knew I had to use my previous states. One of them had never even done it before. I ended up filing myself and decided to do it by the book and use my old states exemptions.

[nc73]

First, why does closing after the discharge matter so much? I see a lot of people on here with countdowns to it. So after it's discharged, is it not officially discharged until it's closed?

Second, my lawyer seems very smart and only does BK's - a lot of them, but he seems very easy going about no one looking into how long we've lived in this state or the fact that 8k was spend in 2 mos on our cc's and we've only made 2 payments after that and because I lost my job and we had to leave our house (short selling) that the trustee isn't going to look back in most cases to see if we file a few weeks before our 91 days. Is this something that people have experienced with their lawyers? We're not going to file before the 91 days anyhow because we won't have the $$ paid to the lawyer, but in general just wondering on that question.

Thanks....

My "lawyer" wanted me to file right away and my last cash advance was only a month old. She told me B of A did not object to the last case with 6k advance. She also said that it depends on the lawyer, etc. I told her no thanks. It's just darn risky... Got appointment with another REAL lawyer this morning.

[jp2861]

ad_25...it could be that your lawyer knows what will fly and what won't. If you haven't coughed up any money for a retainer yet, you may want to take advantage of a few more free consultations. If you keep getting the same answers it may just be the way it is in that court. If you keep getting different answers bring them back here and bounce them off some of the more experienced folks here on the forum. There's no rush to get this done.

[ad_25]

We already retained him because the 3 other lawyers I talked with all sound like idiots! They were telling me that it was 6 mos, one said a year and the other said do it now. This guy actually emailed me the state laws that said 91 days (greater part of 180 days), but said that it's rare they ever check. I obviously have bad luck so it would be us that would get checked....we're waiting, but he thought it was okay to not wait. He seems to know what he's doing, just sometimes seems a little to lax about laws. Thanks to all for your great input! I love this board.

[bxtzd3]

i am still on my way to file so i cant give you any experiences with b/k but i do no that when you do somthing all the time what seems to be so easy and smooth to you may sound diffrent to someone else. so if he seems relaxed its becouse he does this all the time. the people that feel they need to back up everything they say may be triying to convince themself. my opinion.

[ad_25]

That's true.....thanks!