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when you sign the petition plus other question

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    when you sign the petition plus other question

    Hello
    when you sign your petition do you meet with your lawyer and go over everything and sign it or they mail it to you to review and sign it on your own?
    Also started 401K last year have less then $1000 balance at 2% ea pay, now that we are doing Ch 7 do we have to stop investing in it? Our lawyer never said anything about it but our friend told us we have to
    we did stop direct dep what a pain,lol got a different bank acct with a new bank
    another question we did use one c card in May for total of $168. made June pymt before we meet with lawyer and retained her in june she says make no more payments... shouldn't we make July's pymt since we used the card in May as a good faith for that amount we spent
    Hating this.....
    Thanks

    #2
    anyone?

    Comment


      #3
      Different attorney's have different procedures on how they do the signing appointment.

      My attorney had me come in to review each and every page with the paralegal and then sign. Any corrections that were needed were made immediately.

      Check with your attorney, but in many districts the 401k payment is allowed.
      As to payment of cc for the recent charge, you met with the attorney after you made the charge, and it is a very small charge. I am assuming you have made no further charges since your initial BK consultation so, IMO, you are free to stop paying on your unsecured debt just like your attorney suggests.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        You Need to review your petition CAREFULLY sing it and return it to your lawyer. But make sure if you have any questions ask before you sign. You can keep up you paymnets into your 401 K. If you are paying a loan back on a 401 K that payment is disposable income
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          Originally posted by TEW View Post
          If you are paying a loan back on a 401 K that payment is disposable income
          Whether a filer is allowed to include paying back a 401K loan while in Ch 13 and also continue to make 401K contributions is variable by district and local court and trustee case law or customs. Each filer has to ask his/her lawyer what the practice is in their local court. In our local court, it's allowed. I know this to be true because we are doing it
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Thanks

            Comment


              #7
              My lawyer set up a meeting and I went over the entire petition with him before he had me sign it. In regards to the charge, it's such a small amount I wouldn't even worry about it. As for the 401k, I have automatic payroll deduction and my lawyer didn't say anything about it at all, nor did the trustee when I had my 341 so I am assuming it wasn't an issue.

              Good Luck!
              Filed 5/12/09
              341 6/11/09
              discharged 8/11/09
              Closed 8/14/09

              Comment


                #8
                My lawyer mailed the petition to me. I mailed it back with all of the adjustments marked. They made the changes and sent it back to me, I signed and mailed it back. (We are an hour away from the lawyer)

                Comment

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