Met lawyer for Consult

[downforthecount]

I finally had my consult, I promised myself I would not cry but I did as soon as the lawyer asked me to describe what brought me to this point.
I seemed to have come away with more questions than answers. I brought a packet of papers to complete and a list of things I need to gather. I have to drop off or mail my packet with 500 dollars and then before the filing 800 additional dollars and that completes the retainer fee/filing fee. Any additional charges will be part of the plan. I didn't get much from the consult, however I don't know what I should have been expecting. My house is safe, which is good and I am able to file alone. I was advised to stop all payments to creditors since I am current and told not to pay on a payday loan coming out on Monday. I was told I need to stop that payment which I have already attempted to do through the payday loan place but have been unsuccessful, so my next step is seeing if the bank will stop the payment. I asked if what I presented would be a feasible case, and was told yes. (However all we really discussed was my income, my assests, my total debt), was that all that was needed to determine if we could make it work. The only comment made was a concern I had too much disposible income (which how could I have resorted to payday loans to get by), but that would be worked with in the budget. I guess I am just not sure what I should have been expecting to happen today.In my area this is supposedly the best group and deals only with BK so I chose them, I just want to move things along and now it seems like it could be several weeks till I can actually file. I feel better now that I went and hopefully getting through the initial hurdle of the paper work will hopefully improve how i am really feeling.

[WoodSprite]

I finally had my consult, I promised myself I would not cry but I did as soon as the lawyer asked me to describe what brought me to this point. I seemed to have come away with more questions than answers... I feel better now that I went and hopefully getting through the initial hurdle of the paper work will hopefully improve how i am really feeling.

Good for you, d4tc, and congratulations for taking the first, scary step. I cried all the way home after that initial consult, mostly with relief, I think. The worst, most stressful time for me was the six months before that. The next-worst was where you are now...committed to it, but not able to actually file just yet, working hard to dig up and organize all that paperwork, thinking of about 10 more questions per hour, and worrying about EVERYTHING. Once I filed, it was a lot better, once the 341 was over, it was better still.

You've cleared the highest hurdle, and you know you're on the right path. Keep coming back here to vent and clarify the questions you have for your attorney, and in a few months, you'll be feeling SO much better.

Way to go!

[justbroke]

The only comment made was a concern I had too much disposible income (which how could I have resorted to payday loans to get by), but that would be worked with in the budget.

First, big kudos for taking the first step... a consultation. Not just any old phone consultation, but you appeared in person. Good for you.

Second, on the disposable income thing. What your lawyer means is that he's trying to fit you into a Chapter 7! Disposable Income (DI) is calculated way differently than we debtor's think it should be calculated.

DI is basically your gross income less your needs... based on applicable laws and deductions. So, from your gross income, you can deduct payroll taxes, medical insurance, 401(k) contributions and payments, housing allowance, food and clothing allowance, etc. (Note: allowance is controlled by IRS guidelines and may not be what you expect it to be.)

For example, they say that a person who lives in Autauga County Alabama, gets a housing allowance of $660 and a non-rent/mortgage allowance of $349 for a single debtor with no dependents! However, you may be single and living in a $1,500 a month apartment. They don't look at what you're paying, but what you're allowed. Hence, a debtor in the situation I described, has $840 in "disposable income" -- based solely on the look at housing, because s/he is only allowed $660 for housing! That would make them ineligible for a Chapter 7.

Don't fret though, your lawyer will see that you minimize your Disposable Income and try to keep you in a Chapter 7. However, if there's more than $100 or so left over per month (between your income and allowed expenses), then you may have to file a Chapter 13.

[downforthecount]

thanks for the words of encouragement. I guess I didn't even think to ask if I could do this all over the phone when i sent my email inquiry, my response was when I could come in and Yes, I showed up in person. It was a free consult so it seemed a bit hurried. A very nice attorney though, just didn't give me more information than I guess I was supposed to have.
I have no choice but to file a 13, I filed before (I am so upset that I am back in this mess again). The attorney really didn't say much about that other than I could not file another chapter 7, who my lawyer was for the 7 (which I come to find out is now barred from practicing, how embarrassing that was that I used that lawyer), and what led me to this spot again. I have been working on my papers, but they are hard to do.
I am worried about providing my checking account statements since it looks like all I do is go grocery/clothes shopping and pay creditors. All my expenses are taken from my husbands account, he pays all the utilities, etc (I hate to say that he doesn't trust me to pay the bills, but since I am in this mess for the 2nd time in so many years, I wouldn't blame him, it just works out better the way we budget I take care of the necessities and he pays utilities). I don't have the 500 dollars to pay the 1st part of the retainer at least till next Friday, but it willl be paid as soon as Friday rolls around, after that is paid, I was told they would start working on the schedules, and complete when the remainder was paid. I guess I just don't like the not knowing what a potential payment would be, she said I certainly don't want to pay what I am currently paying now to the unsecures. i should be able to make the remainder payments by the end of Oct. I am just glad I have this board to come too and share, get advice and and encouragement.

[Flamingo]

This is also a good time to take a good look at your life and find out why you ended up having to file BK again. There is an old saying that is so true - the more one makes the more one spends. Now is the time for a good lifestyle change and to put some saving habits into place, stop the credit and learn to pay cash and budget. Learn that you don't have to keep up with the Jones' on your street who are probably up to their eyeballs themselves in debt. Chapter 13 will open your eyes to a whole new scene and lifestyle change which is very difficult for some to get through but it's a good hard lesson learned. We are two years beyond discharge and we have learned and taken steps not to allow ourselves to get in any position again to be anywhere near filing bankruptcy.

Prior to our filing I thought I was going to have a nervous breakdown due to all the stress and paperwork that had to be done and just having all that out in the open and on the table - it scared the heck out of me that we allowed ourselves to get in that position. All it took was a job loss to set the wheels in motion.

Best of luck to you and there are all sorts of great folks on here contemplating filing, have filed and are in Chapter 13 plans and there are some of us who have stayed on here after discharge. Everyone's situation is different but it is debt that causes bankruptcy so we are all here for the same reason.

[AngelinaCatHub]

“Downforthecount”: You have been given expert experiences. Please relax and understand, on our wonderful Country, you are afforded by Congress, a “New Start” in your life.

First, you have to be healthy enough to take on some homework. Then as many of us have been, you too will be relieved of your burdens. Mrs. and I shall pray one for you, but please know this, things will be better. ‘Hub