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    attorney representation

    I live in Washington State can an attorney represent me in my bankruptcy I filed in 05 in Arizona from the State of Washington? Or does the attorney have to be from Arizona?

    #2
    You would file bk in the state and district you lived in and get an attorney from that area regardless of whether you own assets in another state.

    Was your bk in 05 completed? If it was a Chapter 7 and completed in 05 I don't think you can file again yet, not for a few more years.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      Trustee says I owe money to him and is coming after me. My attorney from that state with drew and I have no one to help me now

      Comment


        #4
        Oh that sounds kinda rough mate.

        I'm not sure in that case. I assume you can't pay what he claims you owe?

        Was this a chapter 13 case? or was it a Chapter 7 asset case?

        Edit: the reason I ask is that if you owe him payments in a chapter 13 you can't afford you might can file a chapter 7 now. If however it was a Chapter 7 asset case if you can't afford to pay then it is likely the case might be dismissed with a revocation of discharge.

        If you do not have an attorney anymore what I'd do is try to call the trustee up and see what the issue is and what can be done if possible to settle the issue, perhaps in this downturned economy he'd be willing to accept less than initially asked for.

        You might try to head and see a few bk attorneys in your area this week or next if you can, see what advice they might have but since the case was in AZ it is possible you'd need a lawyer in AZ for it .
        Last edited by JRScott; 04-18-2009, 04:11 PM.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

        Comment


          #5
          It is a chapter 7. The trustee wont work with me, I tried to ask for more time to pay the amount and the judge said no.

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            #6
            If your case is out of Arizona, you would most likely need an Arizona Attorney to help. If any motions or other actual legal stuff were to happen, only an Arizona attorney could address it.

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              #7
              Originally posted by Ilovekatie View Post
              I live in Washington State can an attorney represent me in my bankruptcy I filed in 05 in Arizona from the State of Washington? Or does the attorney have to be from Arizona?
              If you filed BK in 2005, you cannot file Chapter 7 again until 8 years after the date you filed in 2005.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                Sounds like this woman is not filing BK again, but is asking about attorney representation on her old case???

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                  #9
                  Originally posted by fltoo View Post
                  Sounds like this woman is not filing BK again, but is asking about attorney representation on her old case???
                  Goes to show you how folks can read a post differently when not enough info is provided. Hopefully the OP will post a bit more.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

                  Comment


                    #10
                    Originally posted by Flamingo View Post
                    Goes to show you how folks can read a post differently when not enough info is provided. Hopefully the OP will post a bit more.
                    If all post were read more info has been posted
                    Thank you all so much for all the information I have received on this forum.
                    Chapter 7 filed 04/02/2009
                    341 Meeting 05/19/2009
                    60 day club awaiting discharge

                    Comment


                      #11
                      Originally posted by dgjmj View Post
                      If all post were read more info has been posted
                      Yep - looks to me like she filed Chapter 7 in 2005 and wants to do it again 4 years later but cannot (she posted in the Chapter 7 forum). Only the OP can clarify this.
                      _________________________________________
                      Filed 5 Year Chapter 13: April 2002
                      Early Buy-Out: April 2006
                      Discharge: August 2006

                      "A credit card is a snake in your pocket"

                      Comment


                        #12
                        Hey, I might be wrong, but the OP says, "can a lawyer from.....help me with a BK THAT I FILED IN 2005......

                        I can't see any other way to read it or how more info can clarify that.

                        But, HHM got her question answered.

                        If I am wrong, my apologies to the OP.

                        btw, as DGJ says, she did post more info to clarify.

                        Comment


                          #13
                          Originally posted by fltoo View Post
                          Hey, I might be wrong, but the OP says, "can a lawyer from.....help me with a BK THAT I FILED IN 2005......

                          I can't see any other way to read it or how more info can clarify that.

                          But, HHM got her question answered.

                          If I am wrong, my apologies to the OP.

                          btw, as DGJ says, she did post more info to clarify.
                          Well, he/she left out periods and commas so you can take it either way! :-) Just my view; and then read her follow-up post which states "It is a chapter 7. The trustee wont work with me, I tried to ask for more time to pay the amount and the judge said no." That cannot relate to a Chapter 7 filed in 2005 unless she filed a Chapter 13 and now wants to do a 7. Who knows without further info.
                          _________________________________________
                          Filed 5 Year Chapter 13: April 2002
                          Early Buy-Out: April 2006
                          Discharge: August 2006

                          "A credit card is a snake in your pocket"

                          Comment


                            #14
                            It was a chapter 7. I am a guy and what happened more specifically was the trustee gave me a reinbursment after my discharge went through(2005). My wife and I thought we were clear. A year later the trustee sent us a letter saying he mis placed some papers and we owe him 1893.00 dollars. We felt we did not owe this and the only way we could keep this trustee from squeezing more money out of us was to go back to court. So we waited until finally the trustee did just that(2009). But living in Washington it was via phone and it was clearly an Arizona railroading. And I received a letter today saying if we dont pay it the trustee will seek a petition judgement for the above amount.

                            This trustee is ticked at me. I think that when I moved to Washington it gave him even more fuel to hammer me.

                            Comment


                              #15
                              If that is the case and if you want to fight it, you will need an Arizona BK attorney.

                              However, here is the problem, most BK attorney's don't normally like to get involved in this one-off type of representation. In the end, it will probably be cheaper to pay the trustee. However, you can probably get a free consult here and there to find out your rights and options.

                              Comment

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