Bad Sign?

[herekitty]

Okay, I did my paperwork last Friday and my lawyer said that the petition would be ready to be signed "next week." In the meantime, I realized that I had wrote a check to my mom back in Febraury since she fronted the money for the downpayment on my car and called to inform him. I left a message Friday afternoon.

I then called him yesterday to inform him that I had moved out of my apartment and mailed the keys back with a letter stating I was declaring bankruptcy with his number. I also told him that I have a copy of the letter that I can drop off to him if he'd like and that I was wondering when I might need to come in and sign the papers.

Well, he did not return either of the calls. Is this a bad sign? How can I find out where my case is at if he isn't calling back? I need to be filed by August 15th because my ex's lawyer is looking for a case number or he'll start judgement preceedings.

I'm not really sure what to do about this ... everytime I call the receptionist puts me into his voicemail.

[Whittio]

Can you go INTO the office??

I absolutely HATE people who don't return calls. I also try never to leave messages more then once, I just keep calling until I get them. I might be a pain in the A** to some people, but hey, it's their job to take care of us!

[herekitty]

I was thinking I would call again tomorrow morning - the thing that gets me is that he's already been retained. I know they are really busy so i don't want to be pushy, but I also don't want my case ending up getting screwed up!

[davidb81]

Exactly, don't feel like you are being pushy! You are hiring this attorney and to have a simple question like that answered is not too much to ask. Granted He's probably very busy but one of his paralegals should be able to answer most of your questions anyway. So far during my BK the receptionist for my lawyer has been able to answer a vast majority of my questions but if not one of her paralegals definately has. Good luck! Let us know what happens.

[hhou812hh]

To answer your question: They may or may not look it up, but you have to answer on your petition honestly if you paid an insider back any money within 1 year prior to filing and by law you have to say yes. If you happen to get caught lying then it can screw up your case. Was it a large amount of money?
This is easier said then done, but you should probably wait to file and maybe your mother can give you the money back and you can use it for car repairs or another nessesity and pay your mother out in payments after you are discharged. This way if questioned you can show them that you loaned your mother money in Feb and she paid you back and you needed new tires, car repairs to go to work.

You may even be allowed to keep the cash in the bank and tell the trustee you have it and they can't do anything with it since it maybe exempt. That depends on the amount and if you are exempting a homestead.

Good luck!

[herekitty]

The amount was for 1500 - it was for the downpayment from my tax return. I'm not overly concerned about it at this point - I just want him to call me back. I left another message this morning ... I just want the darn thing signed and over with!

[Minnymouth]

REMINDER,

Hassle your lawyer, he'll put you last in line.......

Be patient, I'm sure it will all be signed, sealed, delivered, recorded in time.....before the deadline comes. Deadline isn't for 2 months!!!!!

I know its rough waiting, but hang in there!!!

Give you ex's lawyer your lawyer's phone number.... let him get his own case number he needs, DUH.....!

Since he knows your filing, he's not going to fool with a judgement, he knows it will get dismissed anyways, so he's not going to waste the money.....and time.. Judgement proceedings are not done "over night"!!!!

As far as the downpayment on a vehicle - if you can prove your mom paid it (check, moneyorder, etc).. and all you are doing is reimbursing her, you will probably be okay on the car issue.

When you purchased the vehicle, did you KNOW you were going to file BK??.....that's what the Trustee might ask you about it.

So calm down, be patient, let your lawyer do his job....you won't be sorry!!!

We understand your nervousness......we've all been there...
Minny

[herekitty]

I know you're right I hate this feeling. I'm just kind of irked because the lawyer said over and over "don't worry I'll handle it" and then said the papers would be ready this week, but no call.

I just checked with my bank and the check hasn't cleared yet for him - I guess I don't want to file until that goes through anyway!

[herekitty]

Now I'm dwelling on this

Now I'm starting to dwell on the check I wrote to my mom ...

We co-signed a vehicle together in February after an accident, I knew my tax return was coming so she offered to front me the money for the down payment. I then wrote out three checks to her ... $500 $1000 and $300 for car payment and down payment. Is there a chance they will ask for that back?

[edwards2]

I agree with Minney...speaking from one who did hassle her attorney...I called him on a SATURDAY morning at home no less. If that is not a criminal offense I dont know what is. We had just found our the trustee had filed a motion to extend our discharge date- ONE day before our discharge date. I was beside myself. To say he didnt appreciate my call would be an understatement...now ask me if I cared....not...I realize they dont work 24-7 but like you I found myself relying on his secretary and assistant for answers. It wasnt he wouldnt return the phone call; it is when he did talk to me he was always telling me I was too nervous. But be patient if you can; I am sure he is taking care of business.