I had my first atty. meeting and have a question

[southernbelle]

My first atty. meeting went okay, but she seemed quick to determine that I would have to file Ch. 13 even though I passed the online Means Test and didn't seem to want to spend time going over my results. Oh well, I have two more appts. scheduled this week and maybe things will get better. My question is this:

I live in Louisiana and owned a business that I closed in July of this year. I have a prenump. agreement and filed for divorce about 3 months ago. Is it possible my ex can come back later and ask for half of the value of the equipment or anything else of value being used as assets in my BK case? Should I just list him as a creditor just in case to cover myself since the creditors will go after him for any outstanding debt anyway?

**Side note: The business was a sole proprietorship in my name only**

[keepmine]

It's pretty standard to list an ex as a creditor just to cover all bases.

[CRRAVOSA]

When in doubt list. If you pass the means test the attorney should file the 7, it may be challenged by the United States Trustee, the attorney may see that you have money after paying your expenses, if you do hence the 13, you then really need to evaluate whether you are underestimating expenses, many people forget expenses such as daycare, cigraettes, personal care, student loan payments, car repsirs, house repairs, really look at your expenses. If you have no money left over you have the wrong attorney keeping calling around.

[southernbelle]

I spoke with a different atty. yesterday afternoon and he was much more receptive and really listened. He asked me for more detailed information specific to my situation and I felt more comfortable talking to him. He said based on my expenses (at first glance) it seems like I should be able to file Ch. 7, but we would need to look at it closer. He also said I should list the ex as a creditor just as suggested above. He also said that since I had two new loans 10k total(taken out last month to help pay the bills - until I realized they would far exceed the loan amounts), to wait 2 more months before filing so that it doesn't indicate fraud. I kinda knew that already and feel really bad about it, but can prove with receipts that every dime went to pay bills, but I still owe it. Even if I wait 90 days, is it possible for the Trustee to still force me to pay these, because I will have to stuggle to make ends meet for the next 2 months as it is and each day new bills are showing up. Waiting may not be the worst thing, to make sure I have all of the bills that might magically show up anyway. I still have one more meeting scheduled tomorrow and hope to gather more info. Thanks for all of the advice and help. This board has made a seemingly impossible experience more bearable. I feel that there’s life after BK.

[Lindsay]

I'm curious on this too. We used two of our charge cards in the past 90 days (about $3500) for groceries, ebay fees, a $350 home repair, gas, insurance bill, ect. The last charges were just over 30 days ago so I was planning to wait another 2 months to file. There were no luxuries charged but I don't want any problems. I wonder if I wait, if there will still be a problem. Honestly, I'd prefer to file before 60 days if I could. I wish we could file tomorrow. The creditors are calling alot and I'm eager to start fresh.

[southernbelle]

I'm in that same position because the longer I wait, the more I'll be hounded by creditors. I hate avoiding them by not calling them back etc, but I don't have the money and can't afford to pay them, but will be forced to wait in hopes of being able to include the new debt as part of my filing. Did I also mention that I live in Louisiana where the low tempt. is about 85 and my home A/C just died? That's another $3,000 min. Where do I find the money for that, especially when the tempt. inside my home can reach over 95 degrees. I am trying not to spend any more money, but this expense seems like something that could be described as an extreme case and very necessary (I would be satisfied with window units at this point).

[Lindsay]

We don't have central air and it's so hot and humid in New York that I can't even use the stove or oven. The house will heat up to 100 degrees. We have 2 small window air conditioners in the back bedrooms of the house. We took a large cloth tarp and blocked off the opening to the kitchen with it to keep the cold air in the back of the house. We put a couple of hooks on the ceiling to hold the tarp in place. Usually we just run one of the small air conditioners to keep the entire back of the house (3 bedrooms, a hallway, and a bathroom) very cool and comfortable. Sometimes if its real hot, I'll run both of them and when it cools down a bit, I turn one off and the other one will maintain the cool temp by itself. The kitchen and livingroom are still hot, but at least a good part of the house is cool. You can get free air conditioners by posting on freecycle or craigslist sometimes.

As far as the collectors calling, I'd be tempted to file now and take my chances with the objections, but I think the lawyers discourage that. I heard that if you pay a lawyer a retainer and then make payments to file, you can tell the creditors to call him. I also heard that they can still call, but why would they want to if you are definitely filing for bankruptcy? I haven't been answering my phone much and I've only talked to a few collectors. I wonder if it is okay to tell them you are filing BK before you have retained a lawyer or will that get them more aggressive?

[southernbelle]

Blocking off the part of the house that's hot is really good advice. Unfortunately, right now, I don't have anything but fans in the house, but hopefully I have a friend that will loan me a small unit to use until I can get something of my own. Thank you for the tip, I will definately check freecycle and craiglist, it can't hurt at this point.

I've had the exact same thoughts on just telling collectors that I'm filing BK, but I don't know if they would get more aggressive or if they will just give up. I don't want to agitate them and make it worse but I don't have money to pay them.

[JRScott]

Glad to hear the second interview went well. Seems he advised you pretty good in that interview.

Sorry to hear your ac broke, hopefully your friend can help. I have just a little AC that I have in the bedroom. The rest of the house can get quite hot but at least I have a cool place .

As for taking calls. Get an answering machine and let it pick them up. Make sure your message identifies yourself plainly so they know they got the right number.

Another good solution is to get caller ID and then block calls from those that block their caller ID.

Will save you a lot of calls and trouble.