Consult 9/17, how fast can I file?

[downforthecount]

I am having a consult Wednesday. I know this is the lawyer I want, very good reputation and since this is my 2nd time down this road (feeling the shame) I did plenty of research and know this firm is the one. I was told after my consult I'd get papers to fill out and return. I really need to get this moving and what is scaring me is how long after I leave with these papers will I be able to file (I must file 13, since my last bk was 5 yrs ago and it was a 7). I really am up against a wall right now, I have no money in my checking account or anywhere for that matter, I haven't missed any payments on my unsecureds or any payments for fear of being harrassed. I know I should stop paying but it scares me in case something goes wrong and I can't file. I just want to file as soon as possible. Today my checking account is overdrawn, I don't even know how I'd pay a retainer. I have 2 cards due early next week and was told it would take till the next billing cycle to stop those auto payments. I am so upset because I will overdraft on those payments and that will cost me another 40 dollars each. I also have a payday loan that I will not be able to pay next week. I opened a new checking account in case i need to close the one to get the auto payments to stop, but my direct deposit goes into that account and it could take 1 pay period to fix that. I am so worried what I should do and am so angry at myself for letting this go and not actually filing sooner. I feel like it is the end of the world. I haven't eaten all day since I feel like I really hit bottom when my checking account was overdrawn even past the the overdraft. I was being so careful with my "robbing peter to pay paul" and pay day loans so this wouldn't happen and somehow I really screwed up. I know this went on more than my inital question, but I just needed someone to listen, and I know I don't know you all but I would never be able to tell my family or even my close friends what I shared.

[justbroke]

You need to get that consult done tomorrow. You need to immediately make a decision on whether you're going to file ASAP.

If you decide to file as quickly as possible... First, you need to stop paying EVERYONE now. You need to ask your lawyer about the fees and if they can work with you. Some lawyers will only take $700 retainer (plus the filing fee). A prominent lawyer in Florida is known to do this, and do pro bono work as well. There are some real decent Bankruptcy lawyers out there!!! (I just read about a Legal Aide lawyer in Jacksonville who is dedicated to Bankruptcy and does this all free... and is prominent as well for brining and causing change in how the code is interpreted. Okay, enough said about that.)

I ended up filing pro se because my situation was similar but not exactly like yours. I contacted a very good Chapter 13 lawyer in my area (well known) and they wanted $1,800 up front (plus the filing fee). i absolutely only had $1K in the bank, and no credit to use. The bank was moving on both my houses and had a sale date in two States on the SAME DAY (talk about making me work for it). Since the Bank dragged its feet on modification (I had been working with them since April 5, 208) and it was now July 16... I had to do something with a looming sale date of July 21. So, I filed pro se.

It's a lot of work, and because you'll have issues with the Automatic Stay, I would not recommend you file pro se. You need to immediately sit down with this lawyer and way up front explain that you have no money and what's going on. Perhaps a paycheck coming in the next few days can be used for the retainer. They can do an "emergency" filing with just the first few forms (no schedules, no plan). Then file the rest 15 days later.

Be up front and see what your lawyer can do. Most lawyers charge extra for cases that need to be filed in less than 2 weeks.

[epiphany]

Hi.

Can you call your payroll dept immediately and see if you can get an emergency stop on the automatic deposit? Mine offers that, hope yours does too. Then you can have the deposits redirected to your new account but you might get a paper check or two in the interim.

Good luck,

ep

[BROKENN]

You can also stop auto-payments with the bank by going in and handing over a copy of the previous debits. Then the credit companies cannot remove money automatically from then on.

[soleprop]

can't you do an emergency filing and then file the remaining paperwork within the 14 days allowed by the court? you could have your attorney file that tomorrow when business opens - that will start the automatic stay.

[downforthecount]

You can also stop auto-payments with the bank by going in and handing over a copy of the previous debits. Then the credit companies cannot remove money automatically from then on.

Sorry, I am not understanding what you mean I could do...Can I get the payments stopped at the bank? They are approximately 200 dollars each minimum and are coming out at the beginning of next week. I thought I was stuck since there was not enough time to stop it. But if there is a way, I am all for trying.

[downforthecount]

can't you do an emergency filing and then file the remaining paperwork within the 14 days allowed by the court? you could have your attorney file that tomorrow when business opens - that will start the automatic stay.

I will call and ask about this tomorrow. Would I have to pay the full retainer or fee for filing though? I am sorry for all the questions, I am just really confused and one response brings on a whole 'nother batch of questions.

[justbroke]

Sorry, I am not understanding what you mean I could do...Can I get the payments stopped at the bank? They are approximately 200 dollars each minimum and are coming out at the beginning of next week. I thought I was stuck since there was not enough time to stop it. But if there is a way, I am all for trying.

If it's a payday loan and you gave them paper "checks", you stop payment on them just like any other check.

However, I don't know the recourse for collection in your State. Since it's a payment to payday loan, I don't think they can use the "bad payment" laws against you, but I'm no lawyer and don't know what resource they have in your State. For example, criminal collection action in Florida for payday loans, is not allowed. They have to pursue you through Small Claims court.

So long as you didn't present a check for services as they were rendered... e.g. used a check at a Grocery store... then you're okay to stop payment without criminal recourse, however know that civil action will most likely occur.

You should get a quick phone consult with an Attorney, may I suggest, tomorrow?

FYI, to stop payment on checks (and other electronic presentments), you only need to do it before the day the check enters the bank. For example, if the check came in tomorrow (Friday), and you issued the stop payment tomorrow (Friday), it would have no affect. However, if you issue the stop payment tomorrow, and the checks are presented on Monday.... voila!

Disclaimer: I'm no lawyer and I don't know the laws of your State.

(I don't even know if this is permitted on this site, but I'll keep doing it until spanked. http://www.************************/...advance-loans/ has an excellent write up on PayDay loans and Bankruptcy.. and checks in general.)

[soleprop]

I will call and ask about this tomorrow. Would I have to pay the full retainer or fee for filing though? I am sorry for all the questions, I am just really confused and one response brings on a whole 'nother batch of questions.

i know how you feel. bk is one of those things that just gets bigger and deeper the more you ask and wonder.

it is up to your attorney if they will file the emergency petition for you with or without the full retainer - by law the court will only charge you the filing fee; so if your attorney is not sounding like he's willing to help you with an emergency filing, i'm not sure what good he is, personally.

i would stop payment/freeze your account if you can, and talk to your attorney.

i would also look at the NOLO CH13 bankruptcy book; it answers a lot of questions for you. you can buy an online copy for cheaper than a bookstore price and it gives you immediate access to the content.