justbroke-if you are out there????

[bksmith12345]

Hi justbroke,

Thank you for all your input yesterday. I have a question for you. Ever since I retained my attorney he has answered my emails in raid time. Even on New Years eve. Well this past saturday I started asking him some very straight forward and specific questions like the ones you replied to yesterday.

Well, I have not received on reply from him since saturday night. I even left a voice mail for him at his office monday and got a call back from his receptionist saying he would email me shortly. No such luck.

Our 341 is tuesday 2/10. Should I be concerned? Or, am I just being a pain in his butt and he is busy? What do you think?

Also, I have all my tax stuff ready to go to my accountant. Should I send it to him or wait to hear from my attorney?

Thanks for any input.

[253BK]

I did the same thing just sit back and relax a million questions will just drive your brain nuts!!! THe 341 isnt bad at all once that is done you still have a long road until you are confirmed! Remeber you have this to deal with for at least 36 months there is plenty of time for questions!

[bksmith12345]

I did the same thing just sit back and relax a million questions will just drive your brain nuts!!! THe 341 isnt bad at all once that is done you still have a long road until you are confirmed! Remeber you have this to deal with for at least 36 months there is plenty of time for questions!

Yep, I've been making myself sick and crazy. The thing is, as I discussed in my posts yesterday, the plan my attorney has drawn up just seems to good to be true.

[justbroke]

First, just relax. Things don't happen very fast in Bankruptcy as it's a technical proceeding and things have timelines.

Our 341 is tuesday 2/10. Should I be concerned? Or, am I just being a pain in his butt and he is busy? What do you think?

Don't worry. Nothing to be concerned about. You're with a good lawyer, remember that. Don't even panic over a 341. They are 99.99% of the time, boring and they only ask you 5-10 questions. It's basically name, rank, serial number, and do you understand what's going on.

Also, I have all my tax stuff ready to go to my accountant. Should I send it to him or wait to hear from my attorney?

Just wait. You'll see your attorney on Tuesday (2/10) so ask him then if it's okay to file.

As I posted before, even if your lawyer's unique strategy doesn't work, you are no worse off by what I posted earlier. He just tried to simplify the whole thing. The key is, will the Trustee agree to the simplification, or do you need to go back and adjust a few things. I don't see it significantly modifying your payments at all (at this point).

[bksmith12345]

Thanks justbroke. I just find it odd he couldn't shoot me one email this whole week. You have been kind enough to respond my questions. And, I'm not paying you!

The one thing I'm learning is that this truely is a long drawn out process. Especially a 13. Could have done a 7 but want to keep the house, cars and tractor. We can afford our current plan.

The thing that scares me is the fact that if, God forbid, our plan gets dismissed in the future for whatever reason. 60 months is a long time. We would lose everything.

[justbroke]

The thing that scares me is the fact that if, God forbid, our plan gets dismissed in the future for whatever reason. 60 months is a long time. We would lose everything.

You just need to keep a positive attitude, and you should already be on your budget. I would track DAILY spending to the penny in a spreadsheet, so you see where your money is going... at least for the first month.

A Chapter 13 discharge is only received in about 40% of the cases! It is a difficult road and you must be willing to make sacrifices and change in your lifestyle.

I already changed my lifestyle and I can feel it. I'm home most weekends now, where I use to go out and spend $200-$400 a weekend on myself. Not anymore!

However, I am taking the kids out to the mall and movies tonight. You do still need to have entertainment and feed your family. We do order movies on the AppleTV or the Xbox360 at least 2 nights a week, so I keep them entertained.

You just need to lose that compulsive shopping itch!!! I can't be around electronics without buying them... so I just stay home and look at them on-line. (No I haven't purchased on-line.) However, I'm now fascinated by mega-yachts, although they are way out of my price range ($4,000,000 plus). I figure, I can dream about those and I know I won't be spending my money on that. Rather than dreaming about things within my reach. I know, silly strategy, but it works for me.

[bksmith12345]

I hear ya. We never held back from buying or doing. Spend and spend. Of course all on credit cards. Refinanced in 2005 and 2007. Never really paid anything down. Was able to pay on time because income was the best ever in 2007. In 2008 I made 40% less. Borrowed from one card to pay another. Finally in November started to miss payments. Cards were maxed out and it was game over.

We are now on budget. Me and the wife have to really quit smoking. Probably about $350 a month in cigs. Absolutely stupid.

I guess you just have to take bankrupcy one day at a time. It is what it is.

[getmeouttahere]

We are now on budget. Me and the wife have to really quit smoking. Probably about $350 a month in cigs. Absolutely stupid.

I guess you just have to take bankrupcy one day at a time. It is what it is.

I hear ya about the smoking. Our trustee objected/questioned our smoking expense. We have to provide receipts and submit to our attorney, which I did today. I was apalled when I added them all together $291. The problem is, through this entire mess, my nerves are wacked and I'm smoking more - Ugh!. Question - if we quit (which I know we have to) do we get to keep the "unexpensed" smoking cost (if it flies), or will the trustee check-in from time to time for the next 5 years to see if we're still smoking and ask for receipts? Or can they just say "no more smoking for you, we want your cigarette money" and force us to quit for good.

[hughthehand]

Quit smoking. I did. After one year of hell (the things that happen to you that nobody mentions when you quit), its worth it. I have never had so much energy in my life. Not to mention, no coughing.
I smoked for 26 years. What a difference it has made.
My roommate still smokes. I am not a hypocrite. This is just a little friendly advice.

[hughthehand]

Actually, I quit smoking a year before I went broke. To stand against the stress without reverting is most of the battle.

[Flamingo]

Thanks justbroke. I just find it odd he couldn't shoot me one email this whole week. You have been kind enough to respond my questions. And, I'm not paying you!

The one thing I'm learning is that this truely is a long drawn out process. Especially a 13. Could have done a 7 but want to keep the house, cars and tractor. We can afford our current plan.

The thing that scares me is the fact that if, God forbid, our plan gets dismissed in the future for whatever reason. 60 months is a long time. We would lose everything.

You need to educate yourself about lawyers and what they do. :-) I've worked for and with them most of my career and it very well could be that the reason he has not gotten back to you is that he could have been in court all week, could have had depositions, been traveling, etc. Also, remember, you are not his only client - he probably has hundreds all with questions. The shows on TV like Boston Legal are not what a law firm is like...also any attorney dealing with BK during these economic times is EXTREMELY busy.

Take it one day at a time. You have a goal and that is why you did a Chapter 13 - to keep your house and some assets, as did we. That should be the most important thing to you right now and to make your Chapter 13 work. The lifestyle change is the hardest. Chapter 13 is the BEST budget teacher there is because you will be forced to budget. You just can't whip out the credit card to buy the nice new gizmo that everyone else has and you don't - you will learn you can actually live without having it...