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retaining BK lawyer........

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    retaining BK lawyer........

    Hi..
    we retained a lawyer in Nov 2009............we planned to file in April of 2010.........we are one payment behind in our mortgage..........
    heres the problem.......We retained in NOV 2009....PLanned to file in April or May 2010...............NOW comes Jan 2010./././BAM!!!!!! car wreck!!!!!!!! Paid out large money $1000 insurance deductable!!!!!! This now means ...we have NOT yet caught up with the mortgage............so we decide to file in June or July 2010................
    As luck would have it.........our leased car is finished in March.........and our jinker needs $900 car repair (steerign rack)

    need a car to get to temp services..........so now we have no choice but to file in AUGUST 2010!!!!!!!!!!!! still have to catch up on house (MAY)

    here is my question..........will it be a problem with the trustee because it took us so long to file AFTER we retained our lawyer in NOV2009 to FINALLY file?
    I mean from Nov 2009 to Aug 2010 is 9 months since we retained him.

    Thank you for any answers tio out dilema ........

    #2
    One thing you need to check is if it is okay with your attorney to wait that long WITH HIM to file. My original attorney's retainer agreement said that I had to file within 6 months or pay again.

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      #3
      naw........Liz417 retained a lawyer made payments to him for about a year, then decided she dident like him, got a refund, found the right lawyer, filed Ch-7 and was discharged.
      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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        #4
        As 'Albacore44' stated, yes, I retained an attorney one year prior to filing for BK (didn't end up using the 1st attorney as he wanted to put me in a ch 13 regardless if I could fund it), I was able to defer all my creditors to the 1st attorney's office
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

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