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    New here...have some questions, no asset case

    Hi Everybody:

    It's taken a month to get on with this forum! I'm hoping to get to know some of you nice folks better

    I saw a bk attorney earlier this month. I paid him a small $100 retainer towards the fee. I made it clear that I cannot file until fall or maybe even winter as I am still using my cc for legal expenses.

    I paid him the retainer in hopes that he would answer my questions along the way. I wrote an email to him and he never responded. Luckily, when I called his office, another associate responded to my questions. Did I make a mistake by retaining the bk lawyer before I was really ready to file?

    Anyway, about 95% of my debt ($75K) is directly divorce related. I have nothing to show for the debt. No fancy car, no new clothes, no big screen tv....you get the picture. However, alot of attorneys and related persons are walking around with several Rolex watches thanks to the divorce.

    I have quite a bit of student loans and I owe my family as well.

    I made less than $16K last year working half the year, part time.

    As you can imagine, I'm bleeding to death in debt. On top of all my other living expenses. I've been at this pace for almost a year now. I'm getting tired of living paycheck to paycheck....most of us on this forum are!

    I'll be going back to court in the late summer/early fall. At that point, the X-louse will argue that he should no longer have to pay child support etc. The child is very young still. Would there be any advantage to waiting until then to file bk and show the judge that hey, I really don't have any money and hence, I should get more child support? Or does it reflect poorly on me to let the judge see that I am
    in financial trouble?

    Thanks for any helpful advice!

    #2
    You don't have to justify filing bankruptcy.

    To a judge or anyone else.
    But if you are going to use credit cards to pay the lawyer- might keep that a secret....

    Comment


      #3
      Originally posted by SamanthaJones View Post
      To a judge or anyone else.
      But if you are going to use credit cards to pay the lawyer- might keep that a secret....
      It is *never* a good idea to keep any information related to your finances and case from your bk lawyer. That's the fastest way to get into trouble with your case.

      twuoo, does your bk lawyer know you are using your credit cards to pay him?
      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


        #4
        Sorry, to clarify, I'm not using the credit cards to pay the bk attorney. It's the divorce attorney.

        The bk attorney thought it a good idea I should pay the bk attorney whatever retainer as soon as possible and then stop using the cc. I won't see the divorce atty until next month sometime.

        Comment


          #5
          If your divorce is not final yet the general thoughts are that you should not file bk until after your divorce is final.

          edited to say: regarding the child support it is typically a set percentage of your ex's pay. I don't think your income (or lack of) would have any bearing on the amount of child support paid to you. At least thats the way it is where I live.
          Last edited by jal1129; 03-21-2007, 03:42 AM.
          chap 7 discharge 06/07

          Comment


            #6
            Divorce is final. X just seems to like to spent money in court.

            Comment


              #7
              I'll rephrase the gist of that question:

              Has anyone stated in the statement of finacial affairs that they have paid a debt reliefy agency, includng a lawyer, in the past year and then indicated a debt on the petition that was initiated after having paid a debt relief agency/lawyer?

              Comment


                #8
                No, bankruptcy briefly entered in the equation during the divorce and then was dismissed. I am officially responsible for my own debt as is the other party.

                Comment


                  #9
                  Just a word of caution -- once you pay the retainer, that shows that you have committed to filing bankruptcy. If you continue to use your cc's for any reason, you are committing bankruptcy fraud. You are incurring debt with no intentions of paying it back.

                  Comment

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