Bad.......

[doomed]

I agree that asking for a dismissal to protect 6k of savings is not worth the effort, but I wanted to present the option if the 6k was really important to you. At this point, I just want you to feel that you have options, which include getting a better attorney.

Thanks backtoschool. I really appreciate it! When I posted here, I thought we were completely . . screwed, to put it frankly. I am feeling much better now. Thank you all!

[doomed]

I think at this point we are beginning to speculate. Whether you get pushed into a 13 or not depends on your DMI. That's what you need to look at. However, since you don't know your course of action until you camp out at idiot's doorstep and get firm answers (that we will double check here if possible), it remains an option.

Go see the idiot, get a straight answer on ME exemption doubling and DEMAND he perform a full work up of the amended schedule under ME properly. Have him consult with trustee about filing amendments due to imbecility. And bring up the possibility of voluntary dismissal. Tell him you want firm, legal backed answers on all scenarios to decide your best course of action.

Joe, either I or my husband will be there first thing Monday to talk to him. Thank you (and everyone else) for all of the help. I am feeling SO much better about all of this. I'm not sure if a dismissal will make us worse off because we had planned the timing of this one . . . We'll just see on Monday. Thank you all again. And Joe, sorry, you're a really nice guy, whether you want anyone to know or not!

[backtoschool]

Tobee, our bank sued us for $117k on our mortgage right before we filed. I'm worried about what waiting would do, especially for that. I think that we will just have to go ahead with it and lose the savings. Looks like the rest of our stuff is protected. We are in so deep with our debts and creditors and lawyers calling and harassing us left and right, that I was about to lose my mind. And lord knows all of the stress is bad for a twin pregnancy. I just want it to be done with.

I agree that asking for a dismissal to protect 6k of savings is not worth the effort, but I wanted to present the option if the 6k was really important to you. At this point, I just want you to feel that you have options, which include getting a better attorney.

[ccsjoe]

If they filed it with the same info, wouldn't that mean I lose the 6k again? As for dismissing and refiling with my current info, I started a contract where I netted 4k in the first month. I'm fairly certain it would put us over and possibly push us into a 13. Heck, though, I don't know if we won't be pushed into a 13 now . .

I think at this point we are beginning to speculate. Whether you get pushed into a 13 or not depends on your DMI. That's what you need to look at. However, since you don't know your course of action until you camp out at idiot's doorstep and get firm answers (that we will double check here if possible), it remains an option.

Go see the idiot, get a straight answer on ME exemption doubling and DEMAND he perform a full work up of the amended schedule under ME properly. Have him consult with trustee about filing amendments due to imbecility. And bring up the possibility of voluntary dismissal. Tell him you want firm, legal backed answers on all scenarios to decide your best course of action.

[doomed]

doomed...if that's the case i would try and have it dismissed as outlined by backtoschool.....and then WAIT.....

and refile when your numbers are good to go. which is what you should have been advised to do to begin with!!

we waited close to 3 years...i mean, it wasn't easy, but we had to wait to meet the criteria necessary to file the way we wanted to.

you'd have to work the numbers and either WAIT until they reach your goal...or adjust your expenses accordingly.

Tobee, our bank sued us for $117k on our mortgage right before we filed. I'm worried about what waiting would do, especially for that. I think that we will just have to go ahead with it and lose the savings. Looks like the rest of our stuff is protected. We are in so deep with our debts and creditors and lawyers calling and harassing us left and right, that I was about to lose my mind. And lord knows all of the stress is bad for a twin pregnancy. I just want it to be done with.

[backtoschool]

If they filed it with the same info, wouldn't that mean I lose the 6k again? As for dismissing and refiling with my current info, I started a contract where I netted 4k in the first month. I'm fairly certain it would put us over and possibly push us into a 13. Heck, though, I don't know if we won't be pushed into a 13 now . .

The difference is that you could put the 6k in the ira, and wait until your numbers look good. You could even wait until you have residency in the state that allows Federal exemptions.

[tobee43]

doomed...if that's the case i would try and have it dismissed as outlined by backtoschool.....and then WAIT.....

and refile when your numbers are good to go. which is what you should have been advised to do to begin with!!

we waited close to 3 years...i mean, it wasn't easy, but we had to wait to meet the criteria necessary to file the way we wanted to.

you'd have to work the numbers and either WAIT until they reach your goal...or adjust your expenses accordingly.

[doomed]

well....there's damages here...and i don't know the "new" figures with the new job...however, i would ask for the case to be dismissed and re-filed based on the information that was provided at the time or the filing if possible....because that's what we are talking about here. a missed opportunity based on atty error.

of course..i'm not certain it can be done...but it should be based on what was submitted at the time, however, you are correct the numbers could change...but to the tune of the 6k payout...i don't know.

If they filed it with the same info, wouldn't that mean I lose the 6k again? As for dismissing and refiling with my current info, I started a contract where I netted 4k in the first month. I'm fairly certain it would put us over and possibly push us into a 13. Heck, though, I don't know if we won't be pushed into a 13 now . .

[tobee43]

Question. What exactly would be accomplished by a voluntary dismissal here? doomed has a new job now, if I am not mistaken, and that would negate a CH7 due to means testing if I recall on an earlier post. So filing from scratch as of a new date may actually be more harmful than beneficial, even though they may end up protecting the 6K. Also, if they get to refile from original filing date, then they are still stuck with Maine. What changed? So unless I'm grossly misreading something, what would the advantage to doomed be?

well....there's damages here...and i don't know the "new" figures with the new job...however, i would ask for the case to be dismissed and re-filed based on the information that was provided at the time or the filing if possible....because that's what we are talking about here. a missed opportunity based on atty error.

of course..i'm not certain it can be done...but it should be based on what was submitted at the time, however, you are correct the numbers could change...but to the tune of the 6k payout...i don't know.

[backtoschool]

Question. What exactly would be accomplished by a voluntary dismissal here? doomed has a new job now, if I am not mistaken, and that would negate a CH7 due to means testing if I recall on an earlier post. So filing from scratch as of a new date may actually be more harmful than beneficial, even though they may end up protecting the 6K. Also, if they get to refile from original filing date, then they are still stuck with Maine. What changed? So unless I'm grossly misreading something, what would the advantage to doomed be?

I think that doomed wants to protect the 6k. The difference in income should not cancel out their eligibility since the time period is so short.

[ccsjoe]

Question. What exactly would be accomplished by a voluntary dismissal here? doomed has a new job now, if I am not mistaken, and that would negate a CH7 due to means testing if I recall on an earlier post. So filing from scratch as of a new date may actually be more harmful than beneficial, even though they may end up protecting the 6K. Also, if they get to refile from original filing date, then they are still stuck with Maine. What changed? So unless I'm grossly misreading something, what would the advantage to doomed be?

[tobee43]

Joe, I am humbled by your actions for me, a total strange's bankruptcy case. Thank you SO MUCH for this information. I will be on my attorneys stoop Monday morning armed with all of this. If we can double our exemptions it would help tremendously. Thank you so much.

Tobee, I don't think I can get my $1500 back from my lawyer. Wouldn't that just go to the bankruptcy estate as well?

yes...doomed you could ....the assoc. in your state can absolutely make him give you BACK the fees...i mean...you will have to file the complaint....and request the fees be returned and why...etc. i have seen it happen...

but your correct HE will NOT give it back until he's made too....



and on another note....joe...you are such a nice person to do all this research for doomed. really....kudo's to you for being such a good human!!

[tobee43]

Please don't mention it. Word might get out that I actually may be nice....and then there goes the neighborhood, you know?

As far as your incomeptent attorney, I would actually sue him for malpractice once your case is settling just for principle, regardless of whether I received anything or it all went to the bk estate.

forget it joe....like people already DON'T know your nice...???

[backtoschool]

I want to add, that I did some research on voluntary dismissals, and you have a very solid reason for wanting one. The judge weighs your interests and rights to a voluntary dismissal against the trustee's and your creditors interests. Since obvious mistakes were made on your petition which are costing you a lot of money, you have a strong case that could be argued effectively to the bankruptcy judge.

[tobee43]

In your case, I think you could get a voluntary dismissal due to your attorney's negligence. You would request a hearing with the bankruptcy judge, not the trustee. You have very solid arguments for a dismissal. You would be able to file again after the dismissal once you put that 6k in an ira.

indeed.....and exactly the point i was attempting to make...this case should be dismissed due to attorney's negligence....backtoschool worded it much better than me....