Scared to file BK now! Will they take everything?!

[FortHoodTX]

Exactly, and therein lies my confusion. I expected the paperwork to be roughly the same since the cases involve 2 credit cards from the same company. The dates are different... but the account numbers listed in both suits are the *same* (they shouldn't be.) The amounts are the *same* (they shouldn't be.) And both in my name of course.

Not planning on fighting the suits of course, just trying to buy time... but the paperwork seems totally wrong. They can't sue me twice for the exact same card, and according to the paperwork, that's what they're doing. My lawyer's office is familiar with this law firm though. Hopefully she'll give me the course of action that's in my best interest right now.

[AngelinaCat]

I was served with TWO separate stacks of paper. .... so 2 suits would make sense... but the documents do not.

Yes, you are being sued on two different issues. Most likely you are being sued by a law firm representing BOTH cases. That IS common.

As you read the paperwork, YES, the verbiage contained within will be the same--since the issues involve credit cards. The differences will be the Dates, the EXACT account numbers, the EXACT amounts, and EXACT names those cards are in. Just some things to think about...

[FortHoodTX]

Thanks. Our District Court's website is fairly useless as far as advice. I've found many resources on the web about how to respond to the Request for Admissions. I am going to talk to my lawyer on Monday and see what she says. Either way, "do nothing about the lawsuits" seems to be a bad course of action, and every resource so far as told me that... so hopefully my lawyer will advise me to respond to them and assist with it.

I was served with TWO separate stacks of paper. They have different cause #s which indicates that it's 2 different lawsuits. One was filed 30 JUL and the other 06 AUG. Seems legit, right? Well, aside from the dates... the packets are IDENTICAL. This makes no sense to me. Even the credit card account number in them is the same. So by reading the docs, I gather that I'm being sued twice... for the same card... for the exact same amount. It's like they xeroxed the packets and just changed the dates. Really odd! I did have 2 different credit cards with them... so 2 suits would make sense... but the documents do not.

[AngelinaCat]

I really like Angelina's advice 3 posts up. "I neither affirm nor deny this debt." and by the time it ends up going to court, I will have filed BK. Hah, I hate feeling so timid about this...
Thanks, all...

We didn't have any attorney advise us, we just did this. The idea was to make the opposing side prove what we supposedly owed.

As I said before, it was sent to Arbitration, which only happens once a month. We Did NOT know this. We found this out when the judge set the date for the FOLLOWING month, after we said that we were going to be out of town.

Check the local rules of your local civil court. See if your court has a (useful) webpage for information. I say (useful) because our court does not really do useful information of the type that you are seeking. Ours is 'General Info' only.

[FortHoodTX]

Can I get a couple more responses of advice from you all with regard to my lawsuits? I have been sued by one of the banks twice for 2 credit cards I had with them. I was served on the 9th (14 days ago). I have until Monday the 2nd to respond, else the plaintiff gets a default judgment.

I asked the paralegal (at my lawyer's office; I also did my BK consultation with her) what I should do. She gave a response I didn't like. She said the answer is to hurry up and get all my lawyer fees paid and file BK, because that is the only thing that will stop the lawsuits in their tracks. Well... yes... I know this. I know they want their money... but $3000 isn't something I can pull out of thin air so I need to buy time.

I really like Angelina's advice 3 posts up. "I neither affirm nor deny this debt." and by the time it ends up going to court, I will have filed BK. But considering I'm very new to the whole "having a lawyer" thing, am I supposed to go to my lawyer and ask her to help me draft the Answer letter? Surely she should be able to understand my need to buy time in this situation. Or, do I just do everything myself— look up a template online and alter it then submit it to the courts? I have been speaking mainly to the senior paralegal in the office, and now that I have retained the lawyer, should I go directly to her with my questions? Hah, I hate feeling so timid about this...

Again, State of Texas.

Thanks, all...

[TXskyblue]

I see on the 2013 inflationary changes, federal exemptions allow for $11,500. Just curious as to where you got the $13,475 figure?
legalconsumer.com/bk/bankruptcy-inflation-adjustments-april-2013/

The site I looked up the federal exemption on may not have been current. I should have checked it against another site, but I did not. My apologies.

[FortHoodTX]

Thank you! That is what I needed to hear. Obviously I know this is my credit card debt.... but should I give the same answer that you did? Because yes absolutely, I'm trying to string them along and buy time. (This attorney is some kid from Dallas who got his license last year, probably not very aggressive anyway.) It won't take that long to pay off my attorney and get my BK filed, so I just need another few weeks at most.

[AngelinaCat]

Answer the lawsuits. Don't let them get default judgments. Answering the summons will give you time--if you have 20 days to answer, and you answer, then they have 20 days to answer.

We had two lawsuits against us. We went to the civil court and when asked if we owe the debt, we answered that "we neither affirm or deny this debt." Then a date was set for Arbitration, wherein supposedly we would sit down with the creditor's attorney and work out a payment plan. Arbitration in our civil court district only happens once a month. So that bought us a month's time.

However, the date that the judge set fell on a date that we were going to be out of town. We spoke up and said this--which was true--so the judge set the date for the following month. That bought us an additional month. By that time we had our ducks together and filed BK.

[FortHoodTX]

That's true that sometimes too many details can be bad! I'll keep that in mind when I list my property.

The bankruptcy attorney I've consulted with has been doing nothing but bankruptcy cases for a few decades (whereas it seems others in this county have many other areas of focus). She deals with nothing but bankruptcy law, is a lot more affordable, and has an outstanding reputation, so it makes me feel a lot more comfortable. I've told her office a general description of what I have and the things I was worried about, and I've been told that I shouldn't lose anything in the process. Worst case scenario? I retain her for a couple hundred bucks, then at my second consultation I decide against it and I lose that money.

I'm working against the clock because I have a creditor who served me with 2 lawsuits (credit cards) ten days ago. They can get a judgment against me here in about ten days so I need to get the ball rolling and get my case filed quickly. I wish I had time for a few more consultations but it doesn't seem like I will.

Thanks for the advice about building my lists... I'll take it!

A little off-topic... I am self-employed. Business has been quite slow which is why I don't have steady money coming in... sporadic deposits and that's helped to cause a lot of me falling into debt. Is the trustee going to ask about that? "Why haven't you been making any money?" or will anyone even delve into my personal issues?

[Pjmax]

First of all, make a few more appts. 3-5 is a good number to start with before signing with an attorney. Do this soon, so you'll have plenty of time to decide which attorney is best for you, and to come back here and ask more questions.

I had a simple one-sheet page of my basic info: Income, total CC debt, IRS debt (and years), assets, etc. This made my initial consults smoother. I also wrote down a few specific questions of things I was most concerned about, and asked each attorney. (I tend to forget things, thus my over-organization.)

Second, (after you sign with an attorney, just ballpark stuff for your consults,) just make a list of everything, as detailed as you want, model numbers, age, etc., then figure out the resale value.
Then, make a second list, based on the first. Group items such as clothing, jewelry, furniture, etc. I would have one group for TV, stereo, X-Box; and another group for computer equipment, since that may go under tools-of-the-trade. Give the attorneys a copy of the second list, which should be condensed down from the first, but keep your first list handy. If the attorney asks about something specific, you will have the information handy. When it comes time to prepare the filing, your attorney will group and/or list property in probably a different way than you have it, but you will have the info you need ready to refer to.

It's good to start a file folder. I had one of those accordian things, actually, I had two. One I used to keep everything (like my first property list mentioned above,) including originals, which I carried to every appointment (after I hired an attorney.) In the second file, I had copies (the originals were in my 1st file) of everything my attorney asked for, organized.

Worrying about all this is totally normal, but for most of us it was a relatively painless process. I, for one, laugh at myself now for the things I worried over. I will also add that it was so much easier than it would have been because I found the terrific folks here who were always ready to help and listen.

[magic13]

I'll take the 65" Led television Seriously, I would just say I have a LED television

[jst4f]

Remember the price of your stuff and the car is for a quick sale. We went to CARMAX and got a price they would give us right then and there for each of our cars and used that number in our filing. Never questioned by TT. Having been in an accident is a big deal in the used car business and significantly lowers the price.

Your household belongings need to be priced as if they were being sold at a tag sale. We were "shocked" at how little our stuff was worth. The federal exemptions were very generous.

The other key item to remember is to be FULLY forthcoming and honest with your filing and with the TT. Many of the sad tales you hear about BK are due to the TT getting the feeling that the petitioner was hiding something. Be sure your petition is complete and accurate. You should have no problems.

[FortHoodTX]

Re: the electronics, etc... I filed in TX and kept every last thing in my home. Technically, the TX exemptions say 'home furnishings' and nothing specific about 'electronics', but still, there were no problems.

That's definitely good to know. I am self-employed and work mainly from home, so it's possible that my vehicle and computers will be protected under the 'tools of the trade' exemption, including my laptop which I use when I do home appointments with clients, right? If that is the case, it will free up a lot of the wildcard for other items.

Since I'm not a homeowner and don't own too many very expensive items that a trustee would want to liquidate, hopefully I won't lose much (or anything.)

[Pizza]

Re: the electronics, etc... I filed in TX and kept every last thing in my home. Technically, the TX exemptions say 'home furnishings' and nothing specific about 'electronics', but still, there were no problems.

[FortHoodTX]

The federal exemptions, however, allow about $3675 in automobile exemption. Additionally, there's a federal wildcard exemption of $13,475. That means your car should be able to be exempted, leaving several thousand in wildcard exemption for other property.

I see on the 2013 inflationary changes, federal exemptions allow for $11,500. Just curious as to where you got the $13,475 figure?
legalconsumer.com/bk/bankruptcy-inflation-adjustments-april-2013/