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Feeling Blind sided

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    Feeling Blind sided

    We met with our attorney in March, laid out all our financials, debts, income, everything to him at the initial consultation. He said it looked pretty straight forward, except he wanted to look at some trust papers. We got them to him within 24 hours. My husband receives a small amount of money from a trust. This is interest from his late father's estate. The principal goes to our kids after my husband dies. If he had been able to receive the principal, we wouldn't be in this position.
    So we pay him, stop paying our credit card bills and have accumulated an extra 10K in fees and penalties, not to mention how f*cked our credit score is.
    We met with the attorney last week, signed papers, calendared out the filing process and he says he's going to double check this trust issue on a listserv of BK attorneys.
    We hear from him today that he's been advised not to file at all!
    No alternatives, solutions, nothing!
    Since this is a mandatory disbursement, the court can sell off the asset. It's not a lot but it helps pay our bills.
    This guy has a sterling reputation in this state but I am just beside myself.
    I feel like he put stuff off and now we are screwed in so many ways.
    We don't have a lump sum to do debt settlement and I have no idea about chapter13.
    Anyone have experience with this? We are in Colorado.
    7/27/09 Filed Chapter 7
    9/3/09 341
    11/3/09 Discharge Date

    #2
    Have you paid this attorney?
    What kind of trust is it? An irrevocable trust? Any spendthrift clause in it?

    If you haven't paid this attorney perhaps a couple more consults with attorneys specifically addressing the trust issue may be in order.

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      #3
      Update

      Just spoke with the attorney...
      He is speaking with a trustee about it today. Also suggested Ch.13 may be the way we should go with most of the debt being discharged. The advantage of 13 could be the "cram down" thing.
      I'm feeling better. Not so panicked.
      Man, it's amazing how vulnerable I feel with all of this.
      7/27/09 Filed Chapter 7
      9/3/09 341
      11/3/09 Discharge Date

      Comment

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