1st step today, filing end of year. Retainer question.

[tinfoilhat]

I have to wait until the end of the year to file chapter 7.
I paid my new attorney a small fee he called a retainer. It's to prevent any creditor actions between now and when I file.

I'm confused though. I have a settlement with another attorney over a credit card that issued me a summons. He was going to offer approx 1/3 the amount due as a settlement. My new attorney told me to have him (the old atorney) withdrawl the settlement and let him (new attorney) deal with it. How is that going to work if it's been two weeks or so since I signed the papers to agree to the settlement amount?

The new attorney also said to make payment plans and make them as small as possible so when I do file I will not have to pay the rest.
He said both at different times so I'm not sure what to tell the old attorney (whether to withdrawl or just set up a payment plan)

I had so many questions and wrote notes down, I lost track, I'm not even sure what the next step is with filing. I did a lot today in preperation, which I guess has something to do with the wait period.

I'm even kind of nervous putting this up here thinking someone will recognize me.

Any suggestions what to do?

[justbroke]

I suggest you talk to both your attorneys. If you signed, but they were not submitted, you are probably okay.

What the new attorney is trying to do, is stave off a judgment between now and the end of the year (when you file). You need to keep that pre-judgment creditor happy.

[AngelinaCatHub]

I have to wait until the end of the year to file chapter 7.
I paid my new attorney a small fee he called a retainer. It's to prevent any creditor actions between now and when I file. Possibly, but the real filing does that for sure.

I'm confused though. I have a settlement with another attorney over a credit card that issued me a summons. He was going to offer approx 1/3 the amount due as a settlement. My new attorney told me to have him (the old atorney) withdrawl the settlement and let him (new attorney) deal with it. How is that going to work if it's been two weeks or so since I signed the papers to agree to the settlement amount? I would go with your new attorney's advice.

The new attorney also said to make payment plans and make them as small as possible so when I do file I will not have to pay the rest.
He said both at different times so I'm not sure what to tell the old attorney (whether to withdrawl or just set up a payment plan) My opinion, withdraw, and make minor payments. In any case, when you file, the stay will stop action, and even if you get a Judgment, it would be discharged most likely. I would advise to avoid a judgment in any case.

I had so many questions and wrote notes down, I lost track, I'm not even sure what the next step is with filing. I did a lot today in preperation, which I guess has something to do with the wait period. For about $17 bucks, you can down load a very good book in pdf format. All forms and a lot of info. Nolo.com.

I'm even kind of nervous putting this up here thinking someone will recognize me. Not at all, do not state case numbers, or personal info. The owners of this forum will not trace your IP address (like a phone number, everyone has one) as you need a Court subpoena to trace this. Don't worry, you are among honest people who have your best interest in heart.

Any suggestions what to do?

'Hub

[tinfoilhat]

My opinion, withdraw, and make minor payments.

It's either one or the other though. My old attorney is working on a settlement from a summons I was issued earlier this month. The new guy said I should have that offer withdrawn. And I'm confused because in a different part of the consultation (between other topics) he said to set up a low payment plan for the same settlement.

I thought by withdrawn he meant have them (the old law firm) basically tell the creditor that issued the summons to screw off, we're not paying jack. In that case there would be no payments, and the new guy would order a C&D. Could that be what he meant?
The guy today said the old law firm shouldn't care, they got their money, which is true. I paid them one flat fee to handle this one summons.

For about $17 bucks, you can down load a very good book in pdf format. All forms and a lot of info. Nolo.com.

He gave me a good chunk of paperwork, I mean the peticulars of my case. That I believe is why I have to wait 6 months.

I know the reason I have to wait, is it normal in some cases to just wait out 6 months with little, maybe no contact with your bankruptcy attorney?