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    #16
    Catchmeifyoucan,
    So then I'm assuming from your posts that we don't have to list every single thing that we own. I wasn't sure if we listed every piece of furniture or not, like beds, blanket chests, desk...Btw, do we just estimate ourselves how much we think each thing would sell for? For example, our computer is either 3 or 4 years old. We probably paid about $1000-$1200 for it new, but I have no idea what it would sell for nowadays. I sure would miss this computer if we had to give it up, and I know we couldn't afford to get a new one. If we'd only get to keep a few things, of course, I'd choose the refrigerator and the stove. If I lose my car, it's no big loss since it's 13 years old and I'm not working at the moment anyway; however, not having a car would keep me from getting a job.
    Could my husband have his name taken off of the certificate of deposit, as someone else suggested he do? I would feel better if it were in her name only. No, we didn't cash it out; it's in the bank.
    How do I find out the amount for cost of living? You said, "Find out what the IRS gives families like yours as far as the cost of living, and try to figure out what you actually pay - get it as close as you can to the standards as possible. They don't ask for receipts, etc. But if you are not realistic and you go over than what the IRS allows, than they might. So play with it (know what i mean)"
    Now I kind of wish my husband wouldn't have cashed out his $18,000 pension (well, he's getting it in monthly sums of $450 or something like that). He had cashed it out a couple months ago so we were able to start paying again to the company that was doing the negotiating for us. Which by the way, they must have given our UNLISTED phone number to our creditors now that we've told them to turn over any remaining money in our account to us. Just today we got a call from a collection agency, and I assume that they somehow found out our phone number from that company that we had been sending monthly payments to.

    I'm sorry to hear about your gambling. I guess each of us gets ourselves in over our heads for different reasons. Well, hopefully you at least had fun at the time. We had fun at the time we were spending money. I'm just not so sure it was worth all this though.

    Exactly what determines if a family falls under chapter 13? Is it the household income? Like I just said in my other post, my husband spoke to another lawyer today and he said that since we don't have an income of $58,000, we would have to go with Chapter 7. I'm not sure if that's good or bad.

    Yes, we did get out of the debt management program. We'll end up with $1500 (approx) and they will get almost twice that. That was a learning experience. We'd have been way better off if we'd have just filed last year like our son suggested to us, but we thought we knew best. I wanted to do what I thought was the right thing and try to pay the credit card people by having this company negotiate down our debts for us, but that was a mistake. We learn from our mistakes. I wouldn't do that again. I see no need to do that again because we won't get into the credit card game again!

    Btw, our son moved to VA and likes it very much down there. He's also single. So just so I understand this, will you get to keep your car through the bankruptcy? I mean you personally. Are you filing under 7 or 13?

    If we like the lawyer who we'll be meeting with in 2 weeks, then we'll go with him probably. I really didn't like that $4000 quote that the other one gave us. Well, actually to be exact I think it was $3850, but still too much, if you ask me.

    Yes, that was our understanding too, that my husband will still have to pay back his $20,000 in college loans, but well, there was another lesson. Of course, he had not way of knowing when he was there that it would lead to a dead end. Looking back, though, it basically was a waste of money because he won't ever get a job in that field anyway since he has a criminal record (worked at a prison and was set up, drugs found in his possession, arrested, turned down by public defender, had to pay lawyer $3000 and couldn't afford any more to take it to court so took plea bargain and is paying back $700 to the county and is on a year's probation). That alone has turned our lives upside down for almost a year, and I'm at least glad that's over with except now it will be on his record till age 70. I guess that plus this bankruptcy thing was just too much to deal with at once.

    So right off the bat he has to set aside $100/mo for his fines from that sentence, and he has a $300/mo car payment and $160/mo student loan payment. That's almost half of what he makes a month. So I hope the court doesn't take away his $400/mo pension payment because we've been using that so we can pay all our monthly bills.

    Where can a person go to see a Kelly Blue book to see the value of our cars? Mine is paid off but his isn't. Would that make any difference? His care is really his car until he has it paid off, I guess, but you still have to list it? So you could get a new car even though you were/are going through bankruptcy? They knew that and didn't have a problem with it then, I guess. Well, I guess that's good. A person almost needs a car in our society. If we'd have a railway system like in Europe (not that I was ever there or ever will be there, I just know about it), we wouldn't necessarily need to own cars.

    I don't think we'd be able to say that we pay rent because my mom is the type who just can't do anything underhanded. She's like a saint, not ever doing anything wrong, so I couldn't ask her to say that we pay rent when we don't. Besides, if the court would ask them for past checks from us for rent, there wouldn't be any. I know the papers said if we're lying about anything, the bankruptcy would be dismissed, just like you said. I still wonder if some people don't ask relatives or friends to put things in storage for them. We actually have so little income that if we'd have a rent payment yet, then the courts would wonder for sure how the heck we're getting all our bills paid.

    My husband just found out from this new lawyer that everyone is entitled to one free credit report a year, yet the other lawyer didn't mention that to us. Here my husband went and paid for one! I wish he hadn't done that but what's done is done. I'm glad that the courts don't look at your credit report because wow, all those credit cards that are in our history. Even though most of them are closed out, I still don't think it would look too good seeing 30 some credit cards listed on the report. We closed all of them except for 7 of them. 6 of them are credit cards that we turned over to that company, and one is one that we're paying on yet and have it down to about $140, so we'll manage to get that one paid off in a few months.

    thanks for all the advice!
    341 meeting: January 3, 2007
    Last date for objections: March 4, 2007
    Discharged March 22, 2007
    Closed March 29, 2007

    Comment


      #17
      lprn, I'll have to take a look at those links you provided. I'm so behind on things these days, and I'm not even working. I think my depression just has me bogged down and I don't get much done. What do you mean by a bankruptcy means test? Is that in one of those links? I just glanced at them and wow, are they ever long. It must have a lot of info indeed! I was going to print them so I would have to sit here reading them, but they're so long and I don't want to waste the printer ink since the cartridges are so expensive (at least considering how little money we have), so I think I'll just have to sit here and read them a little at a time over the next 2 weeks before we see the lawyer. Thanks very much for giving them, and I'm sure it will help a lot.
      Last edited by yomama; 09-26-2006, 07:06 PM.
      341 meeting: January 3, 2007
      Last date for objections: March 4, 2007
      Discharged March 22, 2007
      Closed March 29, 2007

      Comment


        #18
        Originally posted by yomama View Post
        Okay, update here....I will still reply to everyone later, but right now I want to tell what transpired today. After reading from you on here that $4000 sounds steep, we called another lawyer further away from us that I found on the Internet and they want the whole amount right away but their total cost if $1250, including the counseling. It's scheduled on the same day as the one we have with the original lawyer. This new one is in the morning and the original one in the afternoon, so we will need $1250 for the one in the morning if we decide to go with him, and we will need a $500 retainer fee if we go to the one in the afternoon.

        What I don't like about what this new one told my husband on the phone is that we have to have a household income of $58,000 or more to file for Chapter 13. If we don't have that, we'd have to file for Chapter 7. I really hadn't wanted to file for Chapter 7 because of everything being liquidated. I don't want to lose everything, which is what I understood is what will happen if we file Chapter 7. So now I don't know what we should do. HELP!
        We filed a Ch 7 and we're not loosing anything. Our attny covered everything with EXEMPTIONS!!

        You need to slow down and learn!!

        Talk to more than just these 2 attnys. Although, based on what you said your income is, the 2nd attny is more on point than the first. Sounds like the first wants to take you for a ride.

        A popular tactic by unscrupulous attnys. They know you fear loosing your things so they soothe you into filing a Ch 13. Knowing full well you probably will not complete the payment plan. Statistically speaking, something like 80% of all Ch 13's FAIL.

        So in a year or so, you come crying back to that attny. BooHoo!! I cannot afford my Ch 13 plan payments. Then the attny get's to bill you again, another filing fee, to convert your Ch 13 into the Ch 7 you shoulda filed to begin with.

        If you are current on your mortgage and/or car payments, you won't loose them filing a Ch 7, IF your attny has enough exemptions to cover your property.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #19
          SinkingFast,
          Heh, I can't help but laugh at that name because that's the shape we're in here.
          I looked down over the state and federal exemptions lists and really don't know which I'd better be off with. I hope the lawyer can tell us that. I don't understand some things, so hopefully he can explain it. Thank goodness the one we're going to in two weeks will actually give us an hour of his time, and the consultation is free. The other one's was also free, but he only gave us 10 minutes of his time. I just don't feel right going through him.

          So if we'd go with the federal, then our daughter's $750 certificate of deposit might be up for grabs? Of course, I guess the lawyer could tell us that too. I'll have to have a list of questions ready for that appointment. With as rushed as we were at the other lawyer's office, there really wasn't any time to ask more than one or two questions. He asked us a couple questions regarding income and if we own our home and a few other things and sent us on to another room where a woman asked us a few questions, handed us some papers to bring back the next time after we have them filled out, and we were all but pushed out the door practically. I just don't like feeling rushed and not knowing anymore than I knew before we were in there. I know it was a free consultation but geez, I could have gotten as much from anyone off the street and probably gotten the papers to fill out off the Internet.

          I mentioned to my husband that he should take his name off our daughter's CD, so I think that will get done sometime this week. I don't hope they look back on things like that. I don't know if it would make a difference or not.

          Our daughter goes away to college and has an apartment in the town the college is in, but she comes home on weekends.

          Thanks for your help.
          341 meeting: January 3, 2007
          Last date for objections: March 4, 2007
          Discharged March 22, 2007
          Closed March 29, 2007

          Comment


            #20
            Here's a link for you about BK. You can access DOJ approved Credit Counselors from this website, and all the Means Testing info is available there as well.

            http://www.usdoj.gov/ust/

            In the BK Reform Box, if you need to get your pre BK Credit Counseling done, you'd click on the Credit Counseling and Debtor Education Link. Credit Counseling is pre BK. Debtor Education is post BK.

            To get a feel for the Means Test, you'd click on the Means Test link. The DOJ is in the process of updating income information, and you probably won't file before 10/1 anyway, so you'd select 10/1/2006 and after in the drop down box on the next page.

            I'm guessing the first attny mentioned a 36 month plan because your income is below the Median. Comments from the second attny about what you'd have to make to file a Ch 13 reinforce that you're probably below the Median.

            Family of 1, Family of 2, Family of 3, Family of 4
            Pennsylvania $40,401 $47,091 $60,223 $68,646

            BK Courts are not being kind to parents who's kids go away to college. Generally, if your child lives at home while attending college, you get to count the child in your household count. If your child goes away to school, they are not physically living with you most of the time, and the BK Courts are not allowing them to be counted in the household number. That stance varies from District to District and Court to Court. So that's a question you need to ask attnys as you meet with them.

            As you can see from the income figures listed above, a Family of 2 is allowed a significantly lower income than a Family of 3. So you need to be clear about whether your daugther can be included in your household or not.

            The debts did not pile up over night. It took time to get to this position. So don't rush the solution. Take time to Consult with several attnys. Be sure you find someone you're comfortable working with that has a good plan of action.

            As far as paying the attny goes,......... You don't have to give anyone of them any money until you decide which one you want to use. That's when you pay to retain an attny. Don't hand over any money until you're sure which attny you want to use and what you want to do.

            While you're Consulting with attnys, start saving receipts for every penny you spend. Categorize the money into various areas like groceries/food, cleaning products, personal care items, and such. You need to know how much you spend for what to give the attny you hire a real picture of your monthly budget. Think back over the last 6 months to a year about times you went clothes shopping or had car repairs done. Jot those down and average them out on a per month basis as well.

            Here's a link to a BK Calculator to help jog your memory about things we all forget that we buy:

            http://www.bankruptcyforum.com/showt...ght=calculator

            The first attny you saw probably gave you a checklist of documents you'll need to have to file BK. Start working on gathering those. Every BK attny you Consult will have a list and many of the same docs will be on every list.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment


              #21
              Yomama,

              If you're the type of person that needs a book to guide you through the in's and out's of BK in an organized fashion, you might consider the one from Nolo. (Some people can take in information from a million places and synthesize it--I am not one of those--I read the book to get all my thoughts organized and had it recommended to me by a lawyer and from a pro se meeting.)

              Nolo makes the law accessible to everyone by offering an extensive library of free, legal articles and a catalog of DIY products and legal services designed to help you solve your everyday legal problems.
              *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

              My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

              Comment


                #22
                SinkingFast, I promise I will read the links that you and others have given me. My life is such an upheaval right now I have trouble focusing to read much of anything (ADHD). I'm a slow reader too, so I can just picture me sitting here for a week trying to read one of the links that I saw was thirty some pages long. If I could afford the ink, I'd print everything out. Of course, maybe I should print them out...less ink for them if they take away our computer. lol

                I'm not sure what the difference is between credit counseling and debtor education. I know we've already learned our lesson and don't intend to use credit cards again. It would have to be a DIRE emergency! Having a few nice things isn't worth all this anxiety. I think I can live with not ever going on any vacations ever again. Of course, with the law being the way it is, we still have to go through the counseling, and nobody mentioned anything to us before about debtor education until you said it. I knew about the credit counseling though. I'm wondering if anyone does those things in the evenings. Otherwise, my husband would have to miss work to go, which would defeat the purpose in a way. We're trying to get back on our feet eventually and his missing work and therefore not getting paid won't help us.

                As far as I know, we've cancelled all of our cards now except for one we're paying on and the six that we're including in the bankruptcy. They show up in our credit report though and probably will for awhile, huh? Btw, I had previously thought that people who go bankrupt have that on their record for seven years, but now the lawyer we went to told us ten years (that was one of the few things that he did manage to tell us in that rush job of a consultation that my husband and I had with him. Maybe they upped the number of years when the new laws took effect. I didn't really know the old laws, so I don't know what changed from then to make the new laws stricter.

                I'll have to do that Mean Test then to see what it's like. I can tell you right now that after looking at those figures you gave me for the Median, even though we're a family of 3, my husband makes about half of the amount given for a family of ONE! So now I know how dirt poor we really must be. Even if we'd both be working, our income still wouldn't be as much as the Median for a family of just one. It's no wonder we got ourselves in credit card debt...we can't afford to live.

                So it's not like a couple can pick and choose which one they're going to file under then, right? We can't go to the lawyer and say, "We don't want to lose things, so could we file under Chapter 13 instead of 7?" If the lawyer has to go by our income, then I guess it would have to be Chapter 7. I know people here said that we won't necessarily lose things, so then why did I get that impression from reading about bankruptcy before I came to this forum? Does the easily-found information on the net want to make you think that you will lose everything if you file under Chapter 7 or what? Here's what I understood from reading what I had read: Chapter 13: You get to keep everything or mostly everything but still have to list things. You have to make payments to your creditors over a 3-5 year period and they only get part of what you owed them. Chapter 7: A trustee is assigned to liquidate your assets..bank accounts, cars, furniture, basically almost everything you own. I don't even know anymore where I read those things on the Internet, but now what people are telling me here doesn't make it sound so dire at all. You'll probably think I'm being ridiculous, but I pictured us without a way to keep our food and cook food and go to work (or anywhere else).

                I'm sure that the courts affect other people will college students more than what we would be affected. Since there is such a low household income here at our house, I guess it wouldn't really matter if we get to count our daughter or not, would it? If our daughter can't be included in the household count, I hope that also means that she won't lose any of her stuff. It's not like she has a lot, but I'd just hate to have that happen to her because none of this is her fault. It was our foolishness thinking we could live like the rest of the country and go out to eat and go on a vacation every year.

                I hope we feel comfortable with this next lawyer or lawyers we'll be meeting with in two weeks. I definitely don't want to feel rushed, and we were told over the phone that they would meet with us for an hour and that it would be a free consultation. It wouldn't be until we meet with them the following time that they would want the $1250. I don't like that lump sum all at once like that, but I guess I'd take that over having to pay almost $4000 to the other one. We won't hand over any money until we're sure which one we want to handle our bankruptcy.

                We will get to work on doing the things that you said. Thanks very much for all of that information. This is such a great forum to help lost people like me. I was pretty much clueless until I came here.

                Oh, one more thing I wanted to say was what a friend of mine told me. After I just told her we were filing for bankruptcy, she confessed that she had done that several years ago. She lives in Florida, so I don't know how different the laws are there than there are in PA. Anyway, she told me this:
                "As far as listing things in your house, I don't remember an itemization... Other than $ in jewelry... $ in furniture ,etc. Most people aren't 100% honest about it. No one is going to come into your house and do an inventory. If your computer isn't brand new, it probably isn't worth more than $2-300 and would just go under electronic equipment. Remember used stuff isn't worth much and probably everything you have (though worth a lot to you and you might have paid a lot for) is not new.

                The cars might be a problem. Sometimes they let you keep on making the payments but you have to ask the court to allow you to do this. Talk to your attorney about that. Otherwise all the court will let you keep is a car worth I believe about $500-1000.

                You have divulge any savings, IRA's, 401 K's, etc. or if anyone owes you money or you're expecting to receive money. Again, if you were expecting to receive money, how would you know for sure that you would. So the answer to that would be "NO"."

                Just when I was starting to feel a little better about all this, then she mentioned that about the cars. I don't know what mine is worth, but it' a 1993 Mazda Protege. Where could I get access to a Blue Book??? I think I asked that before but didn't get an answer. My husband still owes over $9000 on his car.

                Another thing...how does a person know the value of everything they own? Are we just to make our best guess? We certainly can't afford to hire someone to come in and tell us what our things are worth. My husband just put his best guesses on the papers that we had to fill out that the first lawyer gave us.

                Thanks again. I know this got plenty long.
                341 meeting: January 3, 2007
                Last date for objections: March 4, 2007
                Discharged March 22, 2007
                Closed March 29, 2007

                Comment


                  #23
                  Originally posted by anonymuse View Post
                  Yomama,

                  If you're the type of person that needs a book to guide you through the in's and out's of BK in an organized fashion, you might consider the one from Nolo. (Some people can take in information from a million places and synthesize it--I am not one of those--I read the book to get all my thoughts organized and had it recommended to me by a lawyer and from a pro se meeting.)

                  www.nolo.com
                  Maybe that's a good idea. I can't buy anything over the Internet since that requires a credit card and we stopped using them. Maybe the bookstore would have something. I wonder if anything was written since the law changed that I'd be able to buy in there. Of course, the problem is coming up with the money to buy the book. Yes, money is that tight around here, sad to say.
                  341 meeting: January 3, 2007
                  Last date for objections: March 4, 2007
                  Discharged March 22, 2007
                  Closed March 29, 2007

                  Comment

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