Ugh ... Filing in 2 hrs

[herekitty]

Less than two hours until I go to meet with the lawyer to start paperwork. I've put together a binder with all debts included in it and all information he has requested, from my vehicle title to my apartment lease, school debt to credit card debt. Any last words of advice?

[mymymy]

TUESDAY...

And don't say..ugh! This is a good thing.

[herekitty]

Right ... I already talked with the lawyer yesterday about the whole idea of filing on Tuesday, which he says isn't that big of a deal. I've got that weird feeling in my stomach but I'm really ready to do this. Everyone here has been so great during the whole ordeal. I'm really looking forward to not losing sleep over when I'll pay my next bill and maybe even having a little bit left over to start saving.

I'm really hoping he covers all the bases this time ...

[Minnymouth]

Stay calm, ask your lawyer questions you may have,

Really, it's painless - just nerve wrecking.

Patience!!!

Minny

[herekitty]

Cute dog Minny!

Thanks for the advice, I'll fill you all in when I'm back ...

[Minnymouth]

That little girl is one of my "babies"..............

Minny

[Miyamoto]

Something that worked for me is try to keep some scratch paper around and right down any questions that pop in your head so you don't forget to ask the lawyer. Good Luck!

PS. anyone care to explain this Tuesday filing thing?

[herekitty]

Lol!

Miyamoto it started from a different post - mymymy informed me about the whole checking account thing (watch your finances!) and is an astrologer - Tuesday is a good day to file

Well, I just got back from the lawyer and wanted to explain how it all went. I from Milwaukee, so maybe some of you wisconsinites can peep in about your experiences (that's you Miyamoto!)

My attorney is really nice, I had called the offices when I decided to file at 7pm and he picked up the phone and gave me advice. I am totally a control freak (doesn't explain how I got into this mess ... I know) so I made this binder of all the documents I could scrounge together and tabbed them into different categories - Taxes, Secured, Unsecured, Other Debt, "Living Debt," Vehicle, Lease, Check stubs and bank statements - went overkill, but it helped alot during our meeting.

I had to wait 1/2 over our meeting time, but that made it short with the binder. He went through a bunch of paperwork with me which was pretty painless, I paid my $475 retainer and asked a bunch of questions ... hopefully this will help anyone w/the same. As a background for newbies that haven't seen my posts - my ex-fiance from three years ago had decided to sue me for 1/2 of his credit debt - which in WI is ligit even if I never bought any of the items and that's what kindof brought this whole thing on:

Q: I need out of my lease, the apartments aren't working with me and my dad has offered me to move into his place for only $300 - but I just resigned my renewal. How do I get out of this?

A: Just relax. You don't pay rent for this month and move out by August 15th. Leave a note and the keys telling them the apartment is vacated and up for re-renting and that you've filed bankruptcy and leave my information (attorney). We can then place them as a rejection of lease and it will take away costs related to leaving.

Q: Will this whole thing with my ex go away or can he come after me?
A: Relax (again), I'll take care of it. It will go away, you won't owe him anything.

Q: What if he shows up?
A: I'll handle it - anything having to do with finances goes through me right now, this is a hard and stressful time and you have hired me to help.

So I did relax. Petition will be filed next week Thursday (good day mymymy?)

[Minnymouth]

NOW DON'T WE FEEL BETTER!!!!

Knew you would........

Get a good nites sleep, don't worry about the EX and think good thoughts about a new future......

You will do fine, I'm sure of it......

Keep us posted on your upcomig 341, okay....

Minny

[Miyamoto]

Well I was filed on a day starting with a T, but it was Thursday, not Tuesday. Though I had met with the lawyer at least one Tuesday. I'll have to go back and find the other thread and read it. So far Thursday filing is goind well for me though so good luck.

I just posted some info on the trustee I had on another forum so I'll cheat and just copy and paste.
I'm in Racine and had Michael Dubis for a trustee: http://www.michaelfdubis.com/overview.htm

My lawyer's assistant said he is pretty easygoing when I called to ask what he was like and he didn't seem bad at all except he must have had a long frustrating day. Makes me wish I'd have been scheduled near the top that day instead of being #44 of 45. He listed me as no asset no distribution on Pacer the next day though so that is good enough for me.

You can find a list of trustees here by clicking the graphic for what chapter you filed and following the links:

http://www.usdoj.gov/ust/r11/index_page.htm

I wasn't aware an ex-fiance could do something like that, that really sucks and I'll have to remember that. I suppose an old neighbor was lucky then that his didn't try something like that after they broke it off. She turned out to be a gold digger as she had nothing, yet tried to get him to sign a prenup where she could pretty much clean him out if they got divorced so he told her to take a hike. His dad started his own construction company and he was able to get a nice brand new pickup and a house when he was 18 so the dollar signs must have been flashing in her eyes.

Sounds like you got a nice lawyer there, do you mind saying who you used? I looked at a couple in Milwaukee and was thinking of contacting them, but went with a local that was recommended by the state bar's referral service since he seemed good when I met with him and his price was nice, especially considering he had a lot of experience and was a former trustee and still is a reserve. I did something similar also with all my paperwork though I didn't have a labeled binder. I just got it all together and organized by date and type so I could find what I needed easier. My lawyer's office was quite pleased as I made their job easier, though I had his assistant puzzled when he was going through the list of unsecured debt and only found one page. He thought they gave me an incomplete set, but I told him I made copies and only turned in the ones I needed after I redid them to make them easier to read since the original I made changes to and didn't like how it looked then. He was pretty excited since he said they were so neat he'd have a much easier time of entering the data into the computer and it helped speed up the process. I think it was about 2 days later I was already back signing typed copies and they were in the middle of a couple other cases too. In fact the gentleman who signed his right before me ended up being the last 341 on Wed.

[herekitty]

Well the fiance thing is unfortunatley because I had cosigned his credit cards with him (7 years ago!) so that's really what got me in the end. Although, when this is done and over with I'll probably send him a thank you because it helped me realize that I could get rid of a lot of debt and start a fresh new life!

I went with the offices of Miller & Miller, can I post my attorneys name? I can't remember ... Paul Strosse. He returns any calls I have really quickly and besides waiting 1/2 hour to get in, he's been on top of things. I'm worried to a point because everything is "don't worry, I'll take care of it." , but its kind of a relief to not think about it. I suppose I'll sleep well after I sign the petition.

Question though, he said if we file next week my 341 will be in about mid-September, from other posts it seemed longer than that though ...

Another question I have is what is a Schedule F?

[Miyamoto]

I've been looking back through old threads. Are your school loans government secured? I hear if they aren't you might be able to get those discharged also, but most usually aren't able to be discharged.

Also regarding your lawyer's fee, don't be too worried about it being lower than others. Mine only required a $50 deposit and then I paid another $490 for a grand total of $540 along with another check for $209 for the court filing fees and I got a former trustee who has handled over 2500 bankruptcy cases. When I mentioned I didn't want a lawyer that preyed on viewers or late night TV he said that is why his fees are so low because he doesn't advertise and obviously they need to recoup that cost for their ads from their clients. It would have cost a little more though if I wouldn't have paid his fee in full within 30 days and before filing. Especially since if it isn't paid before filing it can possibly get discharged which is why they like their money before then.

My dad has been the only one I've even discussed this with other than on forums and I've got him to thank for giving me a check so I could pay for the lawyer and filing without delaying things while I saved up. He raised me to believe I need to take care of my obligations so I was real leery of even telling him, but since I listed him for the thousands he loaned me for a new engine in my car he would have got a notice so I finally sat down and talked with him about it and asked him to keep quiet. While I'm sure some other relatives and friends would be understanding, too many of them are judgemental and have big mouths so the fewer that know the less chance of someone letting it slip in front of one of them. It's really none of their business and with the various bankruptcy forums I don't need them for support. This is really the beginning of a fresh start for me so at least my dad was understanding. I got laid off last Dec. and between this and a return to school and new job I really am starting over.

With regards to the bank accounts I actually ended up with higher figures on the day of filing than was listed, but the trustee never questioned me at all since what was listed was small and if he'd have checked the balances that were on the day of filing it wouldn't have been much different. It is a good idea to keep as little as possible in though and to pay bills with money orders if necessary.

[herekitty]

All the loans are government secured unfortunately. Although, in honesty - if I just have to pay them along with regular expenses, I'm fine. Now that I look back I'm wonder how I've been surviving the last couple of months!

I'm actually pretty comfortable with my lawyers fees now - I went on the better business bureau website and double checked on them, no complaints in the last three years. I'm with you, I really didn't want the late night guys either - I'm in advertising and could not knowingly go along with the awful yellow language and the obvious card/teleprompt readings.

This website has helped me realize that everyone can end up in bankruptcy - I've been reading posts from people of all ages, it's made me feel so much better about my choice to do this. Telling my dad was hard - really hard, but I think it'll end up being okay in the end. I don't think any of my brothers/sister know or extended family (besides the grandparents) and I couldn't have done this with out the people that do. Of course, they are looking forward to me not begging money off of them anymore too.

In regards to accounts, yeah - I enjoy direct deposit because there is no waiting time, but that was almost a big mistake! My attorney said he would have to wait till the check cleared anyway to sign the petition.

What are you going back to school for? Where are you going? Parkside?

[Miyamoto]

From reading your other posts it does seem kind of fishy that your ex could even come after you if he had already paid off the bills, but that thank you might just be a great idea. He might get quite upset by it when he reads it since his little plan backfired. I know smiling and acting nice when someone is trying to get one over on you just drives them nuts usually because it is the exact opposite reaction they are expecting.

The lawyers are always more relaxed than you because it isn't their life on the line. Mine kept telling me the same thing and before the 341 I usually got answers fast, but now I'm thinking the story I hear of lawyers pretty much abandoning you after the 341 are true. I sent him an e-mail shortly after asking about a copy of my filing since I didn't get it and only had the PDF I got off Pacer that I found an error on and for his feeling about how much 341 went and still haven't received a reply, but hopefully it was simply an oversight. I think I'll check with his assistant since he most likely will be the one to get it to me anyway. My reaff also vanished and I had to sign a copy at my 341, but the usual receptionist wasn't there when I dropped it off so it might have just been misplaced. I used Jay Nixon in Racine, but the name of your firm doesn't ring a bell so I don't think that was one I looked at. I just plan on trying to remember decent ones for people looking in this area.

The 341 has to be held within 30-45 days from the date of filing so mid Sept. sounds about right. Mine was filed electronically on 6/30 and my 341 was held the afternoon of 8/3. My 341 was scheduled as soon as my papers were filed as I checked Pacer right away and knew the date before the lawyer even mailed the papers. Cross your fingers for an earlier time as you won't have to deal with as stressed of a trustee then.

Schedule F is creditors holding unsecured nonpriority claims which is where my 4 CCs and the vehicle repair loan from my dad were listed as their was no collateral for any of those. The only other form I had debt listed on was Schedule D were my car loan was listed.

[herekitty]

Yeah, the whole thing with the ex is messed up ... the worst part is that I supported him through 6 years of no jobs and lying about going to school (I would buy his books and then he'd return them for cash) - I was also the one who lost $10K on a called off wedding (one of five - what was I thinking??). On the one hand, I do sympathize with him a bit - he sent my whole family (not including me) letters to his wedding back in April. My mom and I joked that she must be pregnant - come to find out she was registered at target and they have a baby due mid-September. So I'm sure a good portion of this is from his new wife. I went back and forth with two different lawyers on this whole case - if he had the money to just write a check and payoff the credit cards, and he knows I am broke - how can he do this? Response: WI law states everything is 50/50 if you sign. It was the only way to get money out of me because he was primarily responsible. Vent, vent, vent.

I'll keep that in mind about the whole 341 thing - especially since he keeps saying, "Don't worry - I'll take care of it." Part of me is worried that my apartments will come after me - after the fact and that my ex will due the same. I guess i just play the waiting game

Thanks for the info on the Schedule F ... he wrote that on top of the copies of my lease for the apartment and on my car (even though I need to reaffirm that ...)