Tell me what to do

[LuciluS]

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He recommends I do a chapter 13. He wasn't a customer butt kisser like the other ones, as in yea everything will be ok, just pay and I'll make it ok, don't worry. None of that BS. He seems very diligent, to the point, etc.

I told him about the other attorney losing my file, I can't explain his reaction, it was just of disappointment that someone in the same business as he is being so incompetent.

I've been focusing only on chapter 7. I need to read up on 13 now. (he also told me to stay off the internet and worry about my own problems. Probably because I told him I read a lot and was told this and that. He didn't say any of it was bad info though)

He said I can fill out the forms, take the CCCS test online, and file as soon as I want. I don't have to wait 180 days.

He also said the ch7 trustee's want to rob you of every cent, the ch13 are way more lenient. I realize this may be a regional thing but does it hold true elsewhere?

1. You make enough money for a Chapter 13.
2. Attornies get paid bigger $$ in a 13 than a 7 when all said and done 5 years later.
3. You capable mentally of being tied to a budget for 5 yrs?
4. Yea, get your 'head on straight' & you do lots, lots of research on a 13.
5. Waiting to file a 7 for ????? I tried to look back on yours post. I know you have an issue with a car title in your name, then dad's name, then back to yours???

Don't rush this Bankruptcy! You only get one shot in so many years. We haven't paid all but 1 cc since end of last Sept. I'm Still a hanging in there until 9/09.

Luci

[liz417]

I agree with Luci, there is no need to rush into a ch 13 (unless you are facing a judgement), take your time and plan your BK. Have you done the online means test yourself? If you think you qualify for a ch 7, I would definately consult with a few more local attorneys. I was very persistent in finding an attorney that would file a ch 7 for me, most wanted to automatically put me in a ch 13 (more $$) because I am over the median.

Good Luck!

[tinfoilhat]

I'm pretty sure I will be facing a judgement if I don't do something, I was issued a summons, answered it, made a settlement offer and rescinded the offer to do a BK instead.

The reason to do a 13 is because I sold a car to my ex girlfriend out of state. The car was still titled in her state and in her address with my name on it (because I lived there for a month or so)and he said a ch7 trustee will do anything to get every cent they can and might sue my ex to get the car back because she looks like an insider.

As Luci might know THIS is another reason to rush the BK.

I had an attorney retained who said I have to wait 180 days for a 7, I recently called to make a payment to him and of the several calls I made this was the only one I got a call back for and it was to tell me they lost my file!

I don't know what to say about the guy I talked to today, he was like a robot just dispensing information and making decisions based on what i told him. He wasn't like the other one who was just short to have me sign this and that, pay us and it'll be alright.

Or the other local guy who asks me what my vehicles are worth, and when he found out I had a summons he said to take care of that first, that was almost $2500 thrown away, and come to think of it might that have been a preferential payment? To just pay one creditor, then try to file?

The people today put a value on my vehicles that falls into the exemption, so they are covered. They just act like they know what they're doing.

The guy that lost my file had a friend who appraises vehicles and he recommend I have him look at mine.

I don't know, the more I type the more it seems like I'm going to get effed one way or the other.

[RainMoM]

wow tin.. seems to me your having a hard time finding the right attorney, the robot guy as you call him, how do you think he will do ? I understand how stressed out this can make someone ! Hell we all are, I really hope this guy works out for you !

You know what i do, to get away from the stress, I put it off on the weekends, in other words, I don't worry about shi* from 5:00 pm Friday till 8:00 am Monday why should i worry about bills and other problems, its not like the Mortgage lender is sitting at home on his or her free time worried about me, so why should i ..lol hope it helps ya ..

[MrSmithster]

Could it be possible you say to much at consultations(sorry if im outta line)? Maybe try another lawyer or two, only answering their questions at first. Dont offer more info than they ask for. A competent lawyer will know what to ask. You should have been given a means test, all 3 lawyers i saw for free consultations did(one even let me take it with me). after they are done asking you all their questions, at that point add or mention any info that he might have missed or is important, but keep it to the point, dont offer more info than you have to and keep it short. Do spend lots of time on the internet researching BK's. I would be aware of any lawyer saying not to educate yourself about BK (then again, I wouldnt mention educating yourself about BKs or forums or other lawyers in the first place, you have nothing to prove to a lawyer, its him or her that should have to prove themselves to you). When you find a good lawyer, you wont have to ask a forum, you will know. Good luck.

[tinfoilhat]

the robot guy as you call him, how do you think he will do ?

He seems straight and to the facts, serious, no BS. Thats the way I think it should be, everyone else seemed more focused on assuring me everything will be ok. This guys main focus seemed to be how the courts/trustee will see my case and making decisions from my specific answers. I think he'll do ok. Lets see if he loses my file....

Could it be possible you say to much at consultations(sorry if im outta line)? Maybe try another lawyer or two, only answering their questions at first. Dont offer more info than they ask for. A competent lawyer will know what to ask. You should have been given a means test, all 3 lawyers i saw for free consultations did(one even let me take it with me). after they are done asking you all their questions, at that point add or mention any info that he might have missed or is important, but keep it to the point, dont offer more info than you have to and keep it short. Do spend lots of time on the internet researching BK's. I would be aware of any lawyer saying not to educate yourself about BK (then again, I wouldnt mention educating yourself about BKs or forums or other lawyers in the first place, you have nothing to prove to a lawyer, its him or her that should have to prove themselves to you). When you find a good lawyer, you wont have to ask a forum, you will know. Good luck.

I do exactly that, I let them ask all they need to, then I address issues that I think are going to be problems. I don't want to be out of line either but during a free consultation is the time to say too much, you wouldn't want to wait until the 341 meeting and tell him you also own a warehouse full of classic cars would you? Ah I forgot all about it, it happens right.
I think that should be talked about earlier on IMO.

I told this guy that I've read a lot and know it's a big red flag to transfer a car as a gift and I did that, but transfered it back in two weeks. I don't know I did read it, and I did think it was necessary to tell him (that I did it, not necessarily that I read about it).

I kind of think you missed my point somewhere, because what you typed and how it went in the real world are two totally different things. Maybe it's me.
I know I have nothing to prove to a lawyer, I must really come across as an ass on forums or something I don't know.
I thought the conversation went very well, and he even asked me to tell him anything else that he should know about.

Like when he asked if I sold any property, I said yes, a car, the price, etc, etc, etc. How many lawyers ask if you sold it to a person who only shared the same address as you for a month? I told him and the red flag went up. I only lived there 2 months but a job required me to transfer the title, etc to that state, if the job didn't require that, I would have no paper trail that I ever set foot on the property and the car sale would look like a sale to a stranger.
And if the buyer was an insider would they have paid fair market value and a good chunk of money for sales tax? Friend or not the buyer paid fair market value and sales tax, red flag is at least flying half mast now.

I honestly think at this point I should no longer talk about the specifics of my case. It's not like anyone is in the same exact situation and is going to benefit from it.

Bottom line is I know, from reading, what raises red flags in BK cases. I have two. The odds of any lawyer asking about them is rare to non existant, so I thought I should mention them, and I think it's a good thing I did.

[RainMoM]

Yep .. I happen to agree with you on this, it's good that you did mention what's going on , so later down the road there won't be any surprizes !! Hope it all works out

[MrSmithster]

just seemed to me you asked this forum questions then went against the advise given each time, then wondered why things were going strange. sorry if i sounded harsh, i know its a trying time. maybe you have just been unlucky with your lawyer picks up till this point. keep looking till your comfortable with your pick. have you taken the means test yet. if not, take it online. your car thingy does sound like a flag to me.