I'm NEW

[Hopefull1983]

Hi there!

I've spent a lot of time with an attorney and many hours of reading on this web page. After careful consideration I've decided to file Chapter 7! I live in Souther Cali and will be working with [law firm name deleted by moderator].

This web site is GREAT!

[AngelinaCat]

Welcome OCKolby:

You have our best wishes for an uneventful Ch 7. Please feel free to post and ask questions at any time.

[Hopefull1983]

Welcome OCKolby:

You have our best wishes for an uneventful Ch 7. Please feel free to post and ask questions at any time.

Thanks.

I did have one question. I have paid my attorney $200 towards the $2K to file my CH. 7. He said I can stop paying the bills I have included in the CH. 7 which is almost every bill. When I asked him about my car loan which I do not plan on keeping he said I can stop paying it, but I need to keep the insurance on it for as long as it's in my posession.

My question is...can I just call CitiFinancial and surrender the vehicle to them since I don't drive it anyways and am wasting precious $ on insurance? Remember, I have not filed BK yet...I still need to pay the remainder of my attorney and filling fees before my attorney can file with the court.

Thanks!

[AngelinaCat]

We had a car that was not ours, but my husband did a *stupid* by co-signing a car note for an acquaintance that had no credit, and ours was 'golden' at the time. We were trying to help someone who had gotten himself into some unforrtunate circumstances--one reason why we are in BK. That should have been the first clue. However, this person dutifully made the payments for several months in good order. But we did not know that he had gone and refinance a couple of times so that he could afford some toys like a big-screen TV. Long story short, this person lost his job and started defaulting on payments. Because of the way the paperwork had been done—we failed to check—second mistake—my husband’s name was on top and was considered the primary owner, although this person regularly drove it and kept it insured.

When we found out about all this, we had the person surrender the car to the finance company. We owed more than $19,000.00 on it. It was sold at auction for around $6,000, and the finance company wanted to get a judgment for the rest. This is one of the debts we are trying to get discharged. The other party has already had a judgment entered against him.

So, my advice is to surrender the car immediately, especially if you don’t need it and are not driving it. Then, the day it is picked up, call your insurance company and have it dropped.

Best wishes~~~~

[Cali]

Are you eligible for C7 by being under the median? Or does your expenses help you C7 eligible?

[Hopefull1983]

I'm making less then half of what I made the past three years (I am paid commission. The down economy is killing my sales). My basic living expenses are more than what I make so I def. pass the means test.

[magyar123]

Thanks.

I did have one question. I have paid my attorney $200 towards the $2K to file my CH. 7. He said I can stop paying the bills I have included in the CH. 7 which is almost every bill. When I asked him about my car loan which I do not plan on keeping he said I can stop paying it, but I need to keep the insurance on it for as long as it's in my posession.

My question is...can I just call CitiFinancial and surrender the vehicle to them since I don't drive it anyways and am wasting precious $ on insurance? Remember, I have not filed BK yet...I still need to pay the remainder of my attorney and filling fees before my attorney can file with the court.

Thanks!

As long as your attorney doesn't officially file/pay him/her the remaing $1800, the creditors will hound you. If they call/hound you and you don't have a case # yet, they will attempt every trick in the book to get judgments against you before you finally file. Remember, just talking with a bankruptcy attorney will not absolve you of your debts.
As far as the car is concerned - just park it in the lender's parking lot, walk the keys, and your registration papers inside, give them to the receptionist, and walk back out again. Make sure that the gas tank is completely empty.

[Hopefull1983]

As long as your attorney doesn't officially file/pay him/her the remaing $1800, the creditors will hound you. If they call/hound you and you don't have a case # yet, they will attempt every trick in the book to get judgments against you before you finally file. Remember, just talking with a bankruptcy attorney will not absolve you of your debts.
As far as the car is concerned - just park it in the lender's parking lot, walk the keys, and your registration papers inside, give them to the receptionist, and walk back out again. Make sure that the gas tank is completely empty.

My attorney said that even though I have not paid everything in full yet I can still tell all my creditors I am filling BK and refer them to his law office. I plan on paying the remainder fees within a month or two.

[Cali]

My attorney did that as well, took all calls even though I hadn't paid the full fee.

I paid 1/2 the day I decided I wanted him and a week later paid the remainder.

My attorney said that even though I have not paid everything in full yet I can still tell all my creditors I am filling BK and refer them to his law office. I plan on paying the remainder fees within a month or two.

[MajorMike]

wow, I can't believe the difference in attorney fees. We paid $1800 for our 13 and a 7 is only $750 I believe with this atty. Two thousand is very high for a 7

[Hopefull1983]

wow, I can't believe the difference in attorney fees. We paid $1800 for our 13 and a 7 is only $750 I believe with this atty. Two thousand is very high for a 7

I agree it is high. I've done a lot of comparing and this attorney is very well known and has a lot of great feedback and recommendations. I feel very confident with them.

[AngelinaCat]

I should add to my earlier post that when we made arrangements for the car to be picked up, we cleaned it up well, though did not detail it. We photographed it inside and out--just in case--and made the person picking it up sign a receipt for it.

[AngelinaCat]

I can't even begin to address attorney fees regarding the difference between 7 and 13. We went in originally as a 13 and paid $300 first, then another $1500 to $1800 in about four months. If you will search all our posts (AngelinaCat, and AngelinaCatHub) you will get more or less the entire story of our dissatisfaction with our BK attorney. She is almost as useless as a 'tit on a boar', and gives about as much information.

We filed 7 when I lost my full-time job. I still have my part-time job, and get unemployment for now. My husband gets SS and a measley pension. The credit counselor we went to before I lost my job, stated that even with my full time job, we would barely make 13, and should better qualify for 7. That was July 2007. Even though all reports were turned into our attorney, no conference occurred until we pressed issue in November 2007. We filed 12/28/2007.

Now, we have all kinds of mistakes cropping up. She still is not being communicative, but right now we are sorta stuck, because she has admitted to ONE mistake, but not yet to the others. So we can't fire her yet. Its coming close though.

That is why I wished you an UNEVENTAL CH7.

[Hopefull1983]

I can't even begin to address attorney fees regarding the difference between 7 and 13. We went in originally as a 13 and paid $300 first, then another $1500 to $1800 in about four months. If you will search all our posts (AngelinaCat, and AngelinaCatHub) you will get more or less the entire story of our dissatisfaction with our BK attorney. She is almost as useless as a 'tit on a boar', and gives about as much information.

We filed 7 when I lost my full-time job. I still have my part-time job, and get unemployment for now. My husband gets SS and a measley pension. The credit counselor we went to before I lost my job, stated that even with my full time job, we would barely make 13, and should better qualify for 7. That was July 2007. Even though all reports were turned into our attorney, no conference occurred until we pressed issue in November 2007. We filed 12/28/2007.

Now, we have all kinds of mistakes cropping up. She still is not being communicative, but right now we are sorta stuck, because she has admitted to ONE mistake, but not yet to the others. So we can't fire her yet. Its coming close though.

That is why I wished you an UNEVENTAL CH7.

With all the horror stories I've heard I hope so as well. I feel as though I've done my homework and have def. shopped many BK attorneys. [law firm name deleted by moderator] is who I ended up with and though they are pricey I think I'll have a smooth CH. 7 ride.

[Cali]

I had to pay 2400 for a C7.

wow, I can't believe the difference in attorney fees. We paid $1800 for our 13 and a 7 is only $750 I believe with this atty. Two thousand is very high for a 7