Rethinking timimg of BK-was going to do it this montbut need more time

[tobee43]

I'm worried that if the unemployment extension goes away November 30, the job ends the middle of December, which is the projected time frame, I will have nothing but what Ive managed to save for that month and a half. I am thinking to email him and tell him I would like to hold off to see what happens with unemployment.

His email saying we wouuld have to analyze my 'new job' (huh??) gave me the jitters.

discouraged.....i'm so sorry that you are going through so much! it will pass...it will. i know it's an uphill battle, but you will find the right person to help. i know you will.

yes, we were so upset about UI stopping we just were in shock...we even called our local senator who voted to STOP the UI...i had another thread about it, but the bottom line is wow...they, the government just kept it all under wraps...

hopefully the atty's referral will find someone that can help. you need to get your eyes fixed...you do no matter what!!!

I do have health insurance through MN Care, pay $75 a month for that, which is a great deal but scared to even take time off work to see a Dr! Sadly it started the week after I started this job.

I called other attorneys but can't find one yet with Saturday hours. And yes, daklady, there is an issue as I think my eyes need to be looked at for cataracts. That is another thing. Don't know how much MN Care would pay for that. Regardless, I wouldn't want to do anything until after this job ends.

I will try the attorney referral just to make sure. I just don't want it to be the end of December and have no money, especially if I do have eye surgery and cannot work for a short period of time.

Yes, my stomach is in knots over this, but to be honest, not eating or not being able to see scares me a lot more!

discouraged.....i'm so sorry that you are going through so much! it will pass...it will. i know it's an uphill battle, but you will find the right person to help. i know you will.

yes, we were so upset about UI stopping we just were in shock...we even called our local senator who voted to STOP the UI...i had another thread about it, but the bottom line is wow...they, the government just kept it all under wraps...

hopefully the atty's referral will find someone that can help. you need to get your eyes fixed...you do no matter what!!!

[discouraged]

One more question - does the 2nd mortgage and the home improvement loan go away with the BK? I don't really know how that works. I really have nothing else, except my car, which is worth all of $850 according to Kelly Blue Book and my household goods, outside of the remodeling materials, have all come from thrift shops.

Thank you all for your help.

[discouraged]

I'm worried that if the unemployment extension goes away November 30, the job ends the middle of December, which is the projected time frame, I will have nothing but what Ive managed to save for that month and a half. I am thinking to email him and tell him I would like to hold off to see what happens with unemployment.

His email saying we wouuld have to analyze my 'new job' (huh??) gave me the jitters.

I do have health insurance through MN Care, pay $75 a month for that, which is a great deal but scared to even take time off work to see a Dr! Sadly it started the week after I started this job.

I called other attorneys but can't find one yet with Saturday hours. And yes, daklady, there is an issue as I think my eyes need to be looked at for cataracts. That is another thing. Don't know how much MN Care would pay for that. Regardless, I wouldn't want to do anything until after this job ends.

I will try the attorney referral just to make sure. I just don't want it to be the end of December and have no money, especially if I do have eye surgery and cannot work for a short period of time.

Yes, my stomach is in knots over this, but to be honest, not eating or not being able to see scares me a lot more!

[tobee43]

If you have no job and hence no health insurance, it might be better to wait, just in case you incur some medical bills and then what? Nothing is worse than filing for bankruptcy relief only to incur medical bills the day after you file. Having said that, sometimes the emotional turmoil paralyzes people so much that you simply can benefit a lot more from hitting that reset button sooner rather than later. This needs to be your decision. As far as the fee, it sounds like a lot. A no asset case, with no income but unemployment benefits, surrendering of real estate should be fairly basic. Other factors like multiple bank accounts, retirement accounts, and what your district's requirements are as far as supporting documentation may conribute to the fee. Keep in mind that the attorney is interviewing you as much as you are interviewing them. A frazzled, disorganized, emotioally fragile, and distrustful person can cause more work than is necessary. We are trying to figure out how much time the potential client will demand from us, aside from the paperwork that needs to be prepared.
Kathryn Tokarska, Esq.

excellent point, and made i add...a client is usually in a highly charged emotional state during this most stressful situation. many people ...expect the atty's to have every answer. however, the fact is, the atty can only work with what he or she is provided with my the client.

as personal as this situation is to you, the atty has many clients and even the BEST of them needs correct information to help them help you.

[dabklady]

If you have no job and hence no health insurance, it might be better to wait, just in case you incur some medical bills and then what? Nothing is worse than filing for bankruptcy relief only to incur medical bills the day after you file. Having said that, sometimes the emotional turmoil paralyzes people so much that you simply can benefit a lot more from hitting that reset button sooner rather than later. This needs to be your decision. As far as the fee, it sounds like a lot. A no asset case, with no income but unemployment benefits, surrendering of real estate should be fairly basic. Other factors like multiple bank accounts, retirement accounts, and what your district's requirements are as far as supporting documentation may conribute to the fee. Keep in mind that the attorney is interviewing you as much as you are interviewing them. A frazzled, disorganized, emotioally fragile, and distrustful person can cause more work than is necessary. We are trying to figure out how much time the potential client will demand from us, aside from the paperwork that needs to be prepared.
Kathryn Tokarska, Esq.

[tobee43]

well...if you are listed them as creditors the wood is yours to give to the nice neighbor who is cutting your grass. if they have been that helpful then what you cannot take with you i would sell or give away.

what we did, is i called the county and although we were actually going to be homeless i could not take all the furniture with us...so the county had families they were helping and i gave most everything to them.

we had no neighbors or anyone to help us with our move. we found a young man who did odd jobs and was doing what he could to support himself wife and new baby...we gave them the washer dryer....frig....anything he wanted as payment for helping us "old" folk clean up the house and empty it before we left.

then we all made a HUGE contribution to another state agency....one that gave us over 10k receipt for donations...so that was a win win...as well as the county also gave us receipts to deduct at tax time.

if i had tried to sell most of items we had it would have been more of a hassle than not...we need the tax write off and it worked out better in the end.

[discouraged]

Thanks tobee - actually my neighbor wants that wood REALLY bad. He needs to make new stairs at their house and I would certainly give him a decent price. He also was drooling over the laser circular saw. Hmmm - do you think this is why he is cutting my grass lately, LOL.

Do I not have to list those as assets though, since I paid for them with the loan money? It was a neighborhood development organization loan and they didn't just give me a check, I had to submit the receipts and they then paid me from the loan. Strange set-up, but the only way I could get a decent loan for home improvement at a decent rate at the time. So they have records of everything I bought and they are one of the main creditors after the mortgage.

[tobee43]

I did not shop around but I am going to. To be honest, I was so tired after work, after not having worked for a year that I have been lazy about that. But I will start this weekend as I'll need a person who can see me during that time while I am working. I did see some in the phone book I will call. Do not feel free to make calls at work so has to be weekend or after hours.

It's frustrating because I would love to sell my neighbor the wood I bought to build stairs and the timing is right for him but I don't dare sell anything at this point as that was bought with my remodeling loan and I don't know if I can sell it or not. Also some tools he could use. It's just frustrating.

come on over...i make the strongest coffee this side of the world...we'll keep your butt up.....

and sell the wood...on craiglist or the local paper.....or the newspaper...make some bucks...think outside the box...i know you can.... i think you can.......you're just tired and sick of all of this....but we are right here with you. you CAN and WILL do this...

ok...now see what you're doing...making me sound like the little engine that could...

chin up...and move forward...you CAN do it!

[discouraged]

I did not shop around but I am going to. To be honest, I was so tired after work, after not having worked for a year that I have been lazy about that. But I will start this weekend as I'll need a person who can see me during that time while I am working. I did see some in the phone book I will call. Do not feel free to make calls at work so has to be weekend or after hours.

It's frustrating because I would love to sell my neighbor the wood I bought to build stairs and the timing is right for him but I don'd dare sell anything at this point as that was bought with my remodeling loan and I don't know if I can sell it or not. Also some tools he could use. It's just frustrating.

[tobee43]

No one is really in a position to say a certain fee is highway robbery or not. Keep in mind that BK is still a "service" not a product. When you buy a service there are 3 factors that go into determining a fee, (1) complexity of the matter, (2) expertise of the service provider, and (3) the level of customer service you will receive. If you want to take your "chances" in BK, by all means, pay the $350. However, those type of low quoted fees are usually bait and switch. If you wan't top notch representation, you will pay north of $2,000.

However, a debate on fees is a bit off topic for this thread. The point is, just go file and start your recovery.

hhm...i'm going to have to correct you here....up north it can WELL exceed $2000! i knew someone that pd ove 5k for their chapter 7 in new jersey.

i know for me...i want someone i can feel that i can trust and establish the relationship required to successfully go through this stressful time. that includes good office staff etc.

i'm not saying you ALWAYs get what you pay for, but i'd pay whatever i had to, to have the best person in my corner when i go into a 341 or have questions i need answers to.

a $350 "special" is likely to get you just want you pd for!!

(OT...sorry this just gets my GOAT....my poor little brilliant niece needs to get her billable hours in....and works 14 hours a day...) or she losses HER job. there is another side to atty fees.....

discouraged....make some calls....call the bar assoc for some referrals...speak with their office. the office we worked with took payments...whatever we could afford. so most good atty's will work with you, they understand your situation. NOT all are looking to line their pockets. ours had compassion, was always there when we had a question....and was so kind it was unreal. i could not get over the entire firms kindless and understanding.

there's a law firm out there for you...it took us TONS of calls to find the right one. and at least 5 interviews. do not settle.

[HHM]

$1800 for a no asset Chapter 7 sounds like highway robbery. Have you thought about filing pro se? Where I live (Honolulu), there's a low cost lawyer than does chapter 7s for about $350+filing fees.

No one is really in a position to say a certain fee is highway robbery or not. Keep in mind that BK is still a "service" not a product. When you buy a service there are 3 factors that go into determining a fee, (1) complexity of the matter, (2) expertise of the service provider, and (3) the level of customer service you will receive. If you want to take your "chances" in BK, by all means, pay the $350. However, those type of low quoted fees are usually bait and switch. If you wan't top notch representation, you will pay north of $2,000.

However, a debate on fees is a bit off topic for this thread. The point is, just go file and start your recovery.

[wipetheslate]

$1800 for a no asset Chapter 7 sounds like highway robbery. Have you thought about filing pro se? Where I live (Honolulu), there's a low cost lawyer than does chapter 7s for about $350+filing fees.

Lawyer left a msg that it was not a problem and he extended the time for the paperwork to be in. The reality is, he wants 1800 plus the 299 for filing and I only have 2050 until I get paid. They hold back two-weeks and then it's another 2 weeks until I get paid so will not see a paycheck until Oct 22nd. I have to keep all the monies until I get paid as I still don't have the total 2100 and that is what it will take for him to file. I also have to pay utilities for the month and food, bus card (cheaper than trying to park downtown where I am working). So it just has to wait until I have the money. Of course, regardless of when I get paid, as long as I am working unemployment stops so this is all the funds I have until then.

May look into finding someone cheaper, although that seems to be what people are paying but 1800 for a no asset case sounds like a lot to me. We'll see how I feel as the time gets closer to where I can pay him.

[tcreegan]

Hi discouraged,

Did you shop around for attorneys? You might want to do that, should give you a good idea what the going rate is up there in MN....

Tom in Colo

[discouraged]

Lawyer left a msg that it was not a problem and he extended the time for the paperwork to be in. The reality is, he wants 1800 plus the 299 for filing and I only have 2050 until I get paid. They hold back two-weeks and then it's another 2 weeks until I get paid so will not see a paycheck until Oct 22nd. I have to keep all the monies until I get paid as I still don't have the total 2100 and that is what it will take for him to file. I also have to pay utilities for the month and food, bus card (cheaper than trying to park downtown where I am working). So it just has to wait until I have the money. Of course, regardless of when I get paid, as long as I am working unemployment stops so this is all the funds I have until then.

May look into finding someone cheaper, although that seems to be what people are paying but 1800 for a no asset case sounds like a lot to me. We'll see how I feel as the time gets closer to where I can pay him.

[Fresh]

I could not agree more with HHM and the others. File. I was dealing with the temporary job thing right when I filed, too. I know I was meant to file because right before I did, I had just started a new temporary job, which was supposed to last for no longer than two weeks. It lasted for MONTHS. Take the chance. I know you will feel so much better. All the best to you...Fresh