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    Question on lawyer and forms

    Hello again. I'm still asking questions. I saw our attny for the initial consult, then had another appt. with hubby to turn in our financial records, car title, bills etc. We need to wait the 90 days to file b/c we used our credit cards. We lived with my MIL and were living off cc to live, buy groc, etc.
    My question is...the next time we see the attny will be to file. I have to bring all the expenses, bank statements, for the period while we're waiting. Then we will file that day. We have not had any schedules to fill out...only his initial budget form. Is this normal? Or, are most of you given all the forms to fill out beforehand?
    I've downloaded the means test, schedule I and J so I know what to expect. Am I just being paranoid?

    Thanks everyone for your response and help

    #2
    Originally posted by bkrelief22 View Post
    My question is...We have not had any schedules to fill out...only his initial budget form. Is this normal? Or, are most of you given all the forms to fill out beforehand?
    I'm sure they all handle things in their own ways, but it sounds reasonable to me. I imagine the postings you've been reading here about people filling out the schedules themselves are from folks filing pro se.

    I was given a big pile of labeled envelopes in various categories, and asked to fill them with bank statements, pay stubs, deeds, etc. I took that whole huge load of documentation to the attorney's office, and I spent a LONG and rather exhausting time with one of his staff, who actually filled in the schedules. Since I needed to wait a bit before filing too, I went back in a few weeks to meet with the attorney and to review the paperwork before signing it.

    If you're taking more paperwork in (for the bridge period, right?), then filing that very same day, I would just say be careful to save enough mental energy to REALLY review those forms carefully before you sign them. The person who fills them out is human, and is unlikely to be clairvoyant. And ultimately YOU are responsible for what is on them. The trustee at your 341 will ask YOU about any discrepancies, and you'll be much less stressed in a really stressful situation if you know you're prepared.

    But yes, it's the attorney's job to complete the paperwork, and to advise you well. Your work is to provide your attorney with honest, accurate information.

    Good luck!
    Filed chapter 7: June 9, 2008
    341 meeting: July 18, 2008
    last day for objections: September 16, 2008
    DISCHARGED September 18, 2008 - CLOSED September 29, 2008

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      #3
      Thanks so much woodsprite!! I am taking in more paperwork for the bridge period. I think that's what I was worried about. The last meeting with all the stuff was kinda overwhelming. His paralegal is the one who handles it...also his wife...she'd ask for info, I'd dig through my folder and give it to her. There was just so much info and I've found I still left out stuff. In that respect it's good we're waiting...at least I can up date things. What you said about saving mental energy is so true! I think that's what I was worried about. I really need to go over everything with a fine tooth comb before we sign anything! Thanks again...I'll keep you posted.

      Comment


        #4
        Originally posted by bkrelief22 View Post
        Hello again. . We need to wait the 90 days to file b/c we used our credit cards. We lived with my MIL and were living off cc to live, buy groc, etc.
        Thanks everyone for your response and help
        BK22. I am also at about the same process of BK as you are. I have used my cards within 90 days but didn't realize I would be filing BK. My lawyer said I may have to pay them back if I want to file. Like you I was using for basics ( grocery,some gas,etc).

        My lawyer also said when it's small purchases creditors usually wont go after for repayment because they have to pay the lawyer to go there, which would most likely cost more than I charged. So, if you don't want to wait, it may also be an option unless other people think my lawyer is incorrect or your lawyer adises against it. We basically stopped using them right before we decided to file and prior to our consult. Anyone else have thoughts on this.

        Comment


          #5
          Thanks MiBankruptcy, I appreciate the reply. We decided to wait the 90 days just to be sure. Plus it gives me time to really scrutinize the finances and have the total numbers. I only wish I would have found this forum long ago!! Everyday I keep learning more and more!
          Good luck to you!

          Comment


            #6
            BK22 - I didn't fill out anything either. The paralegal filled it all out, we went over it when I went in to sign everything. And it was filed the same day.

            Good luck!

            Comment

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