Lawyers

[t&msmom]

Hi all. I'm new to this board, and have a question. We retained a lawyer for our BK, and I'm worried a little about it. we'll end up paying out $1600 for her service/filing fee's, etc. What are the chances that with a competent atty, our BK would get dismissed? I'm paranoid we are paying her that much money, which makes it VERY tight, and we're going to end up worse than where we were at to begin with.

My second question...we live in VT. Is it more difficult to file with your states exemptions than using the federal exemptions?

TIA
t&msmom

[ameliabedilia]

$1600 total is actually a very good price- most charge $1500 + $300 for the filing fee. If you have a competent attorney and you truly qualify for a 7 and are honest, then you will be fine.

[BKcrazy]

I went through the bar association to find my attorney and his fees were only $800. He's done a ton of them here. Though now, he may be kicking himself because I overthink and bug him. A lot.

[t&msmom]

I overthink too! That's the problem...I'm driving my atty crazy. She said that I'm overcomplicating everything. The median income for Ch7 in Vermont is about $70K...we'll make about $40K, and we have about $30K plus our home, which is $117K, and our car, which is $17K. So a total of about $164K...we are going to be keeping the house and car. She said we'll be fine, ours is simple. That part is good, I'm just really paranoid. And I'm scared to death of losing our income tax refund. We usually get around $4k, because of child tax credits, etc. We use that money throughout the year to help with expenses. I've been told it CAN be protected, I'm just hoping our attorney is good and actually can do it. Vermont has the wildcard exemption of $7000, and we are filing jointly, so that should be $14000. So she should be able to protect it, right?

[BKcrazy]

Our median is a lot lower. And he said mine is a straight 7. I'm not keeping my condo, and I have recently decided to give my car back. (clutch is going anyway) I had to file both years 05 and 06 before I could file bk. The fed govt was owing me $1 and I owe $2020 for another year. I sent the IRS $5. I'm waiting for the letter from them about owing. Now, as far as protecting your return, I really don't know. He was going to have me rapid refund if I was owed anymore money back, because the old process of mailing it in, will mean that they will take it and not give it to you. But, your situation is different as both years were late for me. $14k exemption sounds like it would cover the $4k. Give your attorney a break for a few days, and you will find you feel a little better too. I know how hard it is, cause it's a scary situation. Though there is nothing sweeter than telling creditors they can't call you anymore, but to bother your attorney.

[t&msmom]

I got VOIP instead of my regular phone so I wasn't getting any calls anyways. lol. sneaky sneaky. Here was our situation. We were STUPID when we first got married, credit card debt up the wazoo, had a truck repoed, etc. This was from 5 1/2 yrs ago, dola. So for the last almost 5 years, we've been really good. EVERYTHING paid on time. Credit score for DH was a 678 when he checked it. We ended up financing a different car because ours had 100K on it, and it was too small in the back for the kids to fit. So we got a bigger car. The very next day, we got a summons to go to court, we were being sued. I contacted our atty, and she looked over our stuff and said because the SOL in VT is 6 years, we'll be getting sued a lot until we've been sued for everything and the only real way to fix this was to file. So we said, OK. Help us! We borrowed the $500 retainer fee, and started the stuff. A week later, we got another summons from another creditor. Total of about $10K being sued by the two old creditors. MORE to come, I'm sure. We definitely don't have the 10K, as you can tell by having to borrow just the $500 for the retainer fee! I'm just nervous because as dramatic as it is going to sound, it feels like our life is hanging on a limb. Ugh. I want this done with.

[BKcrazy]

Everyone makes mistakes, don't forget that. I had the best intentions, all I wanted to do was own a place again. And I'm hanging right now. I had planned to move out-of-state in Dec, but I have to wait til Jan for the 341. As far as I know, all my ducks are in a row. I managed to beat anyone trying to sue me before I filed. I had thought at first to do a short sale with my condo or a deed-in-lieu, stopped paying and listed my place. Glad I stopped paying, I really didn't have funds to keep this nightmare going. The HOA here didn't do anything, and really can't now. (They have hated me from day one - dirty old men). They actually broke the law 10 minutes after I told them to contact the attorney. ***roll eyes*** I had excellent credit. Nothing I planned worked out, graduated from school and couldn't get a good decent job. An issue from last summer kind of hurt me as well. Then I could never find a decent roommate. (Last one was a druggie, maybe even a thief) Argh. I was paying everyone, but it was such a struggle. So, I know how it feels to always pay on time to not being able to. I paid my attorney fees with a check that I got as a refund for my deductible on my homeowners insurance. (Thank goodness!) He was pleased because the check cleared my account, and he got cash.

[jp2861]

99% of filings fly without a hitch. I'd say the numbers are in your favor...lol. The problems seem to be with high income earners and folks trying to hide assets. Have a drink and relax.

[Bankruptcy Atty]

Price Isn't Bad; Fed Ex Usually Good; I Use Them In Pa.

Hi all. I'm new to this board, and have a question. We retained a lawyer for our BK, and I'm worried a little about it. we'll end up paying out $1600 for her service/filing fee's, etc. What are the chances that with a competent atty, our BK would get dismissed? I'm paranoid we are paying her that much money, which makes it VERY tight, and we're going to end up worse than where we were at to begin with.

My second question...we live in VT. Is it more difficult to file with your states exemptions than using the federal exemptions?

TIA
t&msmom

LOOK UP YOUR STATE EXEMPTIONS. YOU CAN ALWAYS FILE 13 TO PROTECT UNPROTECTED ASSETS.

[BKcrazy]

99% of filings fly without a hitch. I'd say the numbers are in your favor...lol. The problems seem to be with high income earners and folks trying to hide assets. Have a drink and relax.

That just made me smile. I needed one today.

[FreshLikeADaisy]

The HOA here didn't do anything, and really can't now. (They have hated me from day one - dirty old men).

You made me laugh out loud with this.

I dunno if you're a girl or a guy, but the experience of having some old bastard stare at my chest while he figuratively tries to reach into my purse -- and then telling me I couldn't possibly understand or deal with what he is trying to pull over on me, all the while keeping his eyes glued to the rack -- is not unknown to me. "Dirty old man" is usually the first phrase out of my mouth afterward, followed by some choice epithets you wouldn't want your kiddies to hear...

I know there are some pretty cool guys hanging out here, but trust me -- unless you're a girl or a very pretty young man, you cannot imagine what a VILE sensation it is to have some nasty old person rip you off AND want in your pants AND insult your intelligence all at the same moment. Ugh! You don't know which you want more: to puke or to knee him in the nads.

I don't know how I got all that out of that one line, but I did....

[BKcrazy]

I'm a girl!!!!! Yes, I don't like when men stare or talk to my chest. The newest HOA manager did tell me they hate me here. He likes me though, soooo he was trying to run interference for me. And I say the same thing so much, dirty old man!!! Then I ask them what the f-word are they looking at? That usually makes them feel dumb.

Argh....Yes, I know how it is to have someone rip you off, want in your pants, and insult you....(I've worked in the bar biz too-excellent study for psychology if nothing else). Sometimes I will play dumb and say something they weren't expecting or when they find out I have a degree, their jaw drops.

Glad that you got all that out of one line! Nice to know other people think the same and are proud of it.