Talked to Legal Aid

[One Half Full]

Hi, I haven't really posted for a while, but I've been around. I lost my job, of course. I was very, very worried about paying the lawyer since all I have is the money in my 401K and a tiny amount in my Bank Account. I read a thread here where the poster suggested going to legal aid first in order to save money on the lawyer's fee. Well this afternoon, I spoke with a lawyer at the legal aid for my state.

Due to my situation his advice was not to take any further steps to go bankrupt until I have a job again. He said that even if they sue me, they cannot get any wages garnished, so it really dosen't matter how long I go without filing. I was hesitant, but then he brought up that since I would not have insurance, I might have a medical problem or any one of a hundred other things, and if I go BK before I have any income, I will not be able to include that in the BK, so the advice was just "ignore everything for as long as I can." He said don't even answer the law suits, just include everything in the BK down the line. I'll get the same black mark on my record whether I file for 5000 debt or for 500K debt, so I may as well wait as long as humanly possible.

Once I get a job they can garnish my wages, that is the time to file. Thank the Lord I have no school loans, or other non-dischargeable debt.

I was also reminded that this is the advice of a lawyer who stands to make no money from me. The other lawyers were trying to force me to jump into the BK immediately. I ask that those people who are totally out of work, think twice before going through the BK. Once you do it, you can't get out of it. If something happens (God Forbid!) while you are still unemployed, you will not be able to go BK till the time period has passed! I really credit this lawyer with saving my sanity, because he really made me look before I leap.

[keepmine]

That's good advice and something many of us on here have recommended. Get your finances stabilized before you file-there is just no rush if creditors have nothing to get.
Good luck in the job hunt.

[Bandit]

I credit that lawyer as well, especially the patience factor & understanding the details. I am in agreement with him but I am not so sure I agree with ignoring the lawsuits (or did these already happen)?. Did he say why that is a good idea? Just because of no garnishments? Generally that is going to cost more to straighten out & there are some other concerns.
Do you think he meant to not even go to court if there is one? Maybe double check that part.

I do think there are some times when someone filing unemployed would be ok and could be best for them, if the conditions are just right. IN yours, I think you have made all the right moves.

at any rate, i saw you post awhile back about unemployment, One Half Full, and you have been in my thoughts for awhile. After awhile, I have just been kind of throwing things to the wind & this all just became part of life for me. I will collect them later because though mine is a simple case, it still hurts down inside, no matter how I try to ignore it.

Hang Tough!

[Cali]

One Half Full - I am keeping you in my thoughts and prayers.

[One Half Full]

Hi Bandit. I asked specifically about ignoring the law suits. I told him I thought it would be a good idea to just go to court, stand up and say I didn't have a job. He said whether I did or not there would be a Judgement. I mean the judgement is not about whether I come to court or not. Just because I cant pay dosent mean I wont have a judgement. He says if I feel like it go ahead, but it will not make the outcome any different.

Thank you all for thinking of me. I went to an agency and got a few CD's on "resilience" you know, like bouncing back. I am really very happy now to be able to live a normal day. 10 years of night work is over. It was hell. I actually can see the neighbors now. Guess what! Nearly everyone here on the block that I know of has gone through BK, is going though it now, or will go through it! I said that it now should be a big event in a person's life. -- There should be a big party associated with it, like a wedding.

[Cali]

I am sure BK's will be going through many neighborhoods, more than once. Times are hard for so many.

Guess what! Nearly everyone here on the block that I know of has gone through BK, is going though it now, or will go through it! I said that it now should be a big event in a person's life. -- There should be a big party associated with it, like a wedding.

[JRScott]

Good to hear you found some peace with your talk with the lawyer

[momof5]

This sounds really familiar.
When we first went to talk to an attorney he was worried about my husband being unemployed and the 'what ifs'. His thinking was more about our home. The scenario he used was that if the hubster was unable to secure good employment by the end of the year and we fell behind in our mortgage BUT had already filed for chapter 7 there would be nothing we could do. We would have nothing to fall back on.

There was no way for us to go that long and he would have taken a job at McDonalds if he had to or work 3 jobs to make sure we didnt lose our home. The attorneys fears seemed to be eased, As it turns out he is employed now and was for 4 weeks prior to filing. So we should be okay. We have health insurance that we get through the state for the children so that wasnt an issue.

Sounds like this attorney is right on the ball. And you are very correct about being unemployed and rushing into BK. There are to many months in between that something could happen.