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Went to see the lawyer and Filed

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    Went to see the lawyer and Filed

    Hi,
    We had our final meeting yesterday. I was nervous, kind of surreal actually. DH didn't look so good. We file today.

    We spent 2 hours going over every schedule. I have to tell you guys that if I hadn't looked at the stickys here, figured exemptions and did the P&Ls, projected, value etc.. I would of been on the floor...... I barely kept up.
    Because of this forum, I did keep up. I didn't tell him everything I knew and from where, still "BROKENN".
    Something I stupidly missed: cut off date is TODAY!
    Bank account balances (I bring balance copies to 341 from TODAY), accounts receivables (funny note: biz account high because he hadn't cashed his check!).
    My son's income was not counted but I had to exempt his $1500 bank account and his car. Lawyer filing on kids 18 birthday and asked what time they were born! This puzzled me: Is it he owns his pay but the assets have my name on them too?
    Interestingly, lawyer kept educating us about 341 throughout. He explained how the trustee gets paid and they look for assets. There are 15 cases an hour, we want to get in and out, do not start chatting at the Trustee.... I was like DUH!!! But he must have it all the time.... eh? Or I talk way too much He said the Trustee might glare at you (figured this) and that was the tactic as some would break done and blab?
    He kept telling me to let the paperwork talk.... He handled my concerns but No worries and no big deal.
    Said that we might get a few extra questions over both being self employed but answer short and sweet. DH will be unemployed and if he doesn't have a job by 341 to just say so. Saying having a prospect job is not good. Unemployed may cause extension on 341 but better to say. I didn't know this. They are making sure no $200K job is landed. I guess it just matters for awhile?
    I lose MY biz name!!! Didn't know that. My biz a service and still good. Do I make my clients right a check to me personally now? Yes he says. When? Tomorrow.
    Unsecured credit: I would say biz, medical and he wouldn't change the "unsecured" but asked what date last used. He wrote 2007, 2006 then one card 2/2008!
    I ask does it count for anything that we are surrendering house? He looked right at me and said Trustee only crunches the numbers. Does the Trustee get comission on surrendered assets?
    His only concern: account balances now because we just made the exemptions. If they go higher, then he has to move stuff around. I got worried.
    So we left very tired. DH and I: **deep sighs** on the way home... like breathe... and here we go! I really want to get to the relief part.
    Questions in bold
    Filed C7 Aug 31 2008
    341 Oct 8 2008
    Discharged Dec 9 2008

    #2
    Wow at least your on your way and BTW at least you have each other !!!..Can you imagine those of us handleing this on our own? Be happy you have it each other, Im jealous. Good luck with everything and get this over with.

    Comment


      #3
      No, I am VERY grateful to have DH. I am very grateful to have my family. And this has all helped me through all this. It is what is important

      I am sorry that it is hard, I do keep good thoughts for others. Just hang in there....

      I just had some questions for others and thought maybe people would like to see other experiences since most of us are clamoring for information when faced with BK.
      Filed C7 Aug 31 2008
      341 Oct 8 2008
      Discharged Dec 9 2008

      Comment


        #4
        My trustee was actually chatty, he asked me the normal questions, asked when my hubby would be back from deployment and then we talked about the military for a bit. He was pretty cool.

        Good luck and may everything work out smoothly for you.

        Comment


          #5
          So happy everything went well.
          You mentioned that you lose your Biz name? What does that mean?? We are also self employed.
          Thanks!
          Filed C7 12-09-08
          Discharged 5-15-09

          Comment


            #6
            I also need to know about the business name thing! I own a small business that has yet to make a profit and I DO NOT want to loose it!!! My attorney didnt say anything about that

            Comment


              #7
              Just an FYI mickey, the word is "lose" not "loose"
              Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

              Comment


                #8
                haha! thank you so very much! ;)

                Comment


                  #9
                  Thanks all! I hope I get a nice trustee too.

                  I think if you are a Sole Proprietor and you file for personal BK you give up your business. Some can even be an asset. You can still work, just under another name.

                  Can anyone verify?
                  Filed C7 Aug 31 2008
                  341 Oct 8 2008
                  Discharged Dec 9 2008

                  Comment


                    #10
                    Why can you still work in your business but must change your name (dba)?? Strange....

                    Anyone have more info?
                    Filed C7 12-09-08
                    Discharged 5-15-09

                    Comment

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