How mad will my Attorney get...

[nicolicious2]

if i cancel payment on a $1000 check i gave him on friday???

heres the short of it:

my current job gives me about $33 000 dollars a year,

i am in $47 000 cc debt and I have stopped paying minimums on them about 2 years ago. So I met with an attorney in october and gave him $200 to file chap 7 with me. Since october I have stumbled under a black cloud in the form of blown up car, got a new car and someone crashed into it....any way i have not had money until this week.

by june 1st, i will be moving upstate to (hopefully) start a new job with a new salary in the $50 000 range.

to actually move I was planning on spending my $512 tax return and $600 stimulus check, along with the money Im getting from selling all my possessions on ebay.

So before I moved and accepted this new job I wanted to file chap 7. Now i find out that the trustee's are out to get the $600 ck along with the tax return if you file around this time....

Im pretty sure Im screwed, and i wont even know if i get the job till saturday...i was just wondering what you would do? Should i take my chances after i move and try to file while employed at my new job? or should i try to squeeze it in before i get the promotion?

a friend was in the same situation and gave her attorney about $500 and had to move and all she was refunded was $75.... and i dont know what to do???

edit* i do have an appointment with him on thurs morning, but dont want to loose the $1000 if he is going to tell me Im out of luck with my tax return and stimulus check.... than i wont be able to get the new job and my current job will probably fire me just bc thats the kind of protective dickhead of a boss i have...

[keepmine]

Nobody says you have to file immediately. If bk is still in the cards, let him keep the money and you file when you please-well after you've spent any refund/rebate.

[Cali]

I agree with keepmine on this as well.

I paid my attorney in full in March and I haven't filed yet. I plan on filing in June or beginning of July. And I will be spending my rebate this month.

[epiphany]

what keep said.

ep

[nicolicious2]

but...

but what about the career change?

i know Im not going to be making alot of money but isnt there a $37 000 a year ceiling to file chapter 7? is it still possible to claim chap 7???

i like my lawyer and wont mind driving 4 hrs to meet with him but dont i have to file in the county I live in???

[justplaintired]

It boils down to your income over a 6 month period. So even if your income increases slightly, they will look back over 6 months. No idea what your median income in your area is, your attorney can advise you if you will fall under that amount.

Give your attorney a call, spend you refund and stimulus on moving and file once your moved and the money is gone, just keep all your receipts for everything, this way if the trustee asks, you can pull out your stack of receipts showing how you spent the money. Your 6 month average won't show an increase that quickly.

[epiphany]

but what about the career change?

i know Im not going to be making alot of money but isnt there a $37 000 a year ceiling to file chapter 7? is it still possible to claim chap 7???

i like my lawyer and wont mind driving 4 hrs to meet with him but dont i have to file in the county I live in???

Once you file, it is a 6 month look back, not forward. Though I would speak to your attorney about any ramifications of a pay increase.

The cap on filing a chapter 7 depends on where you live and how many people are in your household. It is possible to exceed this cap and still pass the means test enabling you to file chapter 7 depending on your expenses.

I am not sure if you have to file in the county in which you are potentially going to but if you do--- your lawyer may be able to file in another country for you. I know my lawyer will do this for a nominal fee. Or perhaps your lawyer can give you a partial refund and refer you to an attorney in your new area.

I really think you need to be up front with your lawyer if you get that new job. I would think twice about stopping payment on a check to your lawyer. Might make it difficult to find another one to take your case.

PS--if you gave that check to your lawyer on Friday, it's probably clearing the bank as we speak anyway. I know this is a difficult situation for you, but you may just have to suck it up.

Good luck to you,
ep

[nicolicious2]

thanks...

thanks everyone, the check is not in pending so i know it has not been deposited,,,, but yea, i like the spend it on moving and file in a month,

and i can tell my lawyer everthing, thats why i like him, super nice and understanding

[Stilltheone]

but what about the career change?

i know Im not going to be making alot of money but isnt there a $37 000 a year ceiling to file chapter 7? is it still possible to claim chap 7???

i like my lawyer and wont mind driving 4 hrs to meet with him but dont i have to file in the county I live in???

As far as I know, each state her their "median" income that you need to fall below.

Our income, over the last 6 months, averaged almost 60K. My husband made 60K last year, but commissions got cut and he dropped to 40K. With 2 kids to support, we fell waaay below our state's median income.

Good luck!

[JRScott]

I'd call your attorney and discuss it with him. Let him know of the new job. It is better to be honest with him and put it all on the table. Taking a job before the 341 can be tricky because you will be asked under oath at the 341 if anything has changed concerning your income.