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Had my first consultation, details.

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    Had my first consultation, details.

    So the first consultation was today.

    Everything went smooth.

    The attorney told me, that I can either file now, or file after the baby is born, he would simply file a motion to modify, adjust my Schedule J, and go from there on determining who gets paid and who does not.

    He informed me my car was more than 2.5 years old from date of purchase, and it will be rolled into the plan for the market value.

    He informed me that the IRS taxes due for the year 2008 would also be introduced into the plan.

    He told me that his fee is determined by the court, but I would have to pay a $500 retainer, and the total due minus the $500, is $495, for filing.


    He told me that its too complicated to determine how long my plan is even if, I am below state median, because the disposable income needs to pay the secured creditors first, i.e. (taxes)(auto loan)(his fee)(trustee).

    So it might be a 36 month, it might be somewhere in between 36-60 months.

    But if I filed before the baby is born, it would indefinetely be a 60 month.

    So I am going to wait to file, pay my taxes when I file in April, thus eliminating that secured debt, and increasing my chances of getting a minimum of a 36 month. Buy all the baby stuff I need in the meantime.

    He told me, that when the creditors are informed of me retaining a lawyer, they will most likely not sue, as it will be a waste of time and money, but the possibility is still there, yet they can only take 25% of the net income according to state law.

    So I am very optimistic so far, and I think everything is going to go ok.

    Feel free to either praise or ridicule me, I am open to both.

    #2
    NO, I praise you. You got it together. Very good. Also your lawyer's rate if very good. Lots of luck. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      This is good news. You are on your way to recovery. How many more lawyers will you see?
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        thanks, 4 more, 1 tommorow, and 1 on Friday

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          #5
          Congradulations!! I am happy to hear you are interviewing lawyers, I interviewed 4 and I think I have found the right one for us. She is tough, knows her law but kind hearted all at the same time. Trust me, there are some bad apples out there!

          I am meeting with my attorney on Monday the 5th to determine if we will be ch7 or ch13 so I will keep you posted.

          Agains, congrats, this is the beginning of a new chapter (no punn intended) for you :-)

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