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    Timeline for filing

    If I have my first consultation with a lawyer this Friday,when do people usually file for BK?

    #2
    Exactly when people file after speaking with their lawyer depends totally on each individual situation. Some folks here have had to file immediately (for ex, to stop a house foreclosure), others have had the option to hold off for a few months to over a year to take care of secured loan arrears, etc, before filing.

    Ask your lawyer during the consultation what he/she thinks about your situation, and sure hope that Friday's lawyer interview goes well for you!
    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


      #3
      Consultation's are free. I highly recommend having at least 3 to get a feel for the lawyer.
      *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

      My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

      Comment


        #4
        Timing of filing is definitely a personal thing.

        We were having trouble with our Landlord and our BK attny advised we move. He said, the longer we stayed there, the more danger we were in that the Landlord would claim things.

        Because we were moving, the attny would not file. No one will rent to you in an open and active BK.

        We've been in the new place over 2 months now, and we still haven't filed. The attny is waiting on utilities bills from the new place to establish our Sched I and J info.

        You don't really need to file until you absolutely HAVE. Your house is in Foreclosure and you need to stop a Sheriff's sale. You're being sued by a Creditor for non payment and you need to stop a Judgement/Lien process. That's when you HAVE to file. Before that, it's when you choose to file.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Originally posted by SinkingFast
          Timing of filing is definitely a personal thing.

          We were having trouble with our Landlord and our BK attny advised we move. He said, the longer we stayed there, the more danger we were in that the Landlord would claim things.

          Because we were moving, the attny would not file. No one will rent to you in an open and active BK.

          We've been in the new place over 2 months now, and we still haven't filed. The attny is waiting on utilities bills from the new place to establish our Sched I and J info.

          You don't really need to file until you absolutely HAVE. Your house is in Foreclosure and you need to stop a Sheriff's sale. You're being sued by a Creditor for non payment and you need to stop a Judgement/Lien process. That's when you HAVE to file. Before that, it's when you choose to file.

          But how can people go on this way?(I mean we can't imagine how we will get by with all of these bills for the next few months...and forget Christmas!)

          Comment


            #6
            Originally posted by MEA2
            But how can people go on this way?(I mean we can't imagine how we will get by with all of these bills for the next few months...and forget Christmas!)
            This is when you learn to live on Cash Only.

            I'd been paying bills with CC's for so long, I couldn't tell you how much I spent on groceries, gasoline, let alone toothpaste and bar soap each month.

            Get caller ID added to your phone service, if you don't already have it. Or get an answering machine. Only answer the phone when you know who's calling and let the bill collectors speak to thin air.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment

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