What if I don't agree with the attorneys plan?

[tinfoilhat]

The sold care is a non issue if it was sold for FMV and the money was used for living expenses. What kind of moron would attempt to file a 13 with your income, or should I say lack of income? This guy sounds like a crook. You already paid him, he works for you. Tell him he will file a Chapter 7 for you and he needs to give up on this 13 crap.

Just a little nervous that he will be spiteful if I did that. I'll ask, but if he argues I'm looking for my money and taking it elsewhere.

There is another guy down the road that has 30 years experience, I consulted with him like 4 or 5 times. He just gave me advice on what to do to get ready, I think he's tired of dealing with me. Problem is he seems to like (as someone else put it) cookie cutter chapter 7's.
Then again he did tell me that it didn't matter how fast I used up the money from the car sale. He did give me bad advice once when I got a summons, he told me to take care of that first, that was almost a $3100 mistake. Every other attorney said to just answer it and include that in the bk, the whole bk can be done for half of what I almost spent on settling that summons.

[tinfoilhat]

Ok look, how about this for MY plan.

I go into his office, discuss THE PLAN. I hear him out, if he's still on the 13 bs I'm going to tell him I have no income remember I told you that during the consultation? Then ask him how much of my $1500 went into creating this plan. Then just flat out tell him I either want all of my money back or whatever hasn't been used yet because you're advising me to claim an income that I do not recieve (getting my father to pay) thats dishonest and unethical right? I want my money back or I'm calling the BAR and reporting this if I don't get my money back.

Does this plan sound reasonable?

Who would feel comfortable doing a chapter 7 after all this? I'm thinking I need to just ditch this guy.

And as a side note or whatever during the consultation he asked how I'm living off no income. I told him I live with my father, he asked where my father gets money, I said disability and SS, he asked how much a month. I said I think $3600. Guess what he said my chapter 13 plan payment is going to cost? Yea, $3600 at $100 a month for 36 months. Does that mean anything? Is this where he came up with this mysterious number?

[Flamingo]

More opinions are always good. Like why does flamingo say the money from the car is something to worry about, then HHM says it's such a non issue?

I made that statement not knowing what other assets or income you may have had. $8,000 additional in funds coming in prior to filing in addition to other income/assets would be a problem.

If you have no income, you may qualify for legal aid. If you are just living with your father and providing services to him in exchange for living there to take care of him and that is a necessity to do so (i.e., he cannot afford assisted living and cannot live by himself), contact your State Social Services division and find out what help is available to people in your situation. I would do two things...call your State Social Services about your current situation and call your State Bar Association and speak to someone there for some advice if they can help you. Part of your problem here is that you are living free with your father and while you are taking care of him, he isi taking care of you financially by allowing you to live there free. The attorney is looking at your father's income as a source of money for you as it appears you have access to it.

[tinfoilhat]

I made that statement not knowing what other assets or income you may have had. $8,000 additional in funds coming in prior to filing in addition to other income/assets would be a problem.

If you have no income, you may qualify for legal aid. If you are just living with your father and providing services to him in exchange for living there to take care of him and that is a necessity to do so (i.e., he cannot afford assisted living and cannot live by himself), contact your State Social Services division and find out what help is available to people in your situation. I would do two things...call your State Social Services about your current situation and call your State Bar Association and speak to someone there for some advice if they can help you. Part of your problem here is that you are living free with your father and while you are taking care of him, he isi taking care of you financially by allowing you to live there free. The attorney is looking at your father's income as a source of money for you as it appears you have access to it.

I don't get what you're saying. So should I just go with the $100 a month for 36 month plan? I can get the money from my father, or like you said from another source.
I don't think I see your point, can you clarifiy?

I have a strong feeling that this guy is going to have a plan made up that says I get $100 a month, I could say yes and sign/file. Should I?
At the rate I'm going I'm just throwing money away at everyone else anyway.

[tinfoilhat]

I made that statement not knowing what other assets or income you may have had.

I'm pretty sure it's all listed in the post that starts this thread.

[Flamingo]

I don't get what you're saying. So should I just go with the $100 a month for 36 month plan? I can get the money from my father, or like you said from another source.
I don't think I see your point, can you clarifiy?

I have a strong feeling that this guy is going to have a plan made up that says I get $100 a month, I could say yes and sign/file. Should I?
At the rate I'm going I'm just throwing money away at everyone else anyway.

What I am saying is simple...you have no income but are apparently being supported by your father while you live there for nothing but you are providing care/assistance for him. Can that be viewed as income to you for BK purposes? You probably qualify for state aid and for legal aid and with no other assets would be homeless without your father. You need to do some investigating with your State Social Services as to your situation especially as to legal aid. No one on here can tell you whether or not to sign BK papers. I would do more research as to your situation before I signed anything.

[tinfoilhat]

What I am saying is simple...you have no income but are apparently being supported by your father while you live there for nothing but you are providing care/assistance for him. Can that be viewed as income to you for BK purposes? You probably qualify for state aid and for legal aid and with no other assets would be homeless without your father. You need to do some investigating with your State Social Services as to your situation especially as to legal aid. No one on here can tell you whether or not to sign BK papers. I would do more research as to your situation before I signed anything.

Well, I'm not typing rude, this is a bk forum, I come for bk info, I can file for a 13 and pay $100 a month, right now without calling SS or anyone else.

I can deal with ss and that later.

Ok I am actually getting pissed off. Yesterday it was run from this moron, now it's maybe I can file a 13 with him.

I started another thread in the ch7 forum about my vehicle exemptions, I come within $100 of losing my vehicles. I need advice with that and no one knows. With a 13 I was told this won't be an issue. And no it's not an attachment to my personal things. I need my car to take my father around to dr appts, errands, etc. And it's nothing special, I bought it not running for $2000 and fixed it up but the book value is $4100 and my truck which I don't care about but god forbid I sell it and file bk, it's worth $800, gets 8 mpg and has 240,000 miles on it, I don't care about it.

It almost seems easier to just pay $3600 and for a 13 just to avoid this BS.
What if I do a chapter 7 and lose my car?
I'm going to be out way more than what this 13 is going to cost.

[Flamingo]

Well, I'm not typing rude, this is a bk forum, I come for bk info, I can file for a 13 and pay $100 a month, right now without calling SS or anyone else.

I can deal with ss and that later.

Yes it is a BK forum and advice/suggestions I gave you were all BK related. Your attorney is apparently viewing your father's SS and disability as household income since you reside there. You may qualify for state aid which would give you free attorney services to file BK. But, as with any advice, you are on your own to do as you wish. And if you file a Chapter 13 and have any sort of income increase if you go to work, your Plan may have to be modified. You have all sorts of issues tied into a BK situation...just bringing some out that will or may pop up - best of luck to you!

[tinfoilhat]

Yes it is a BK forum and advice/suggestions I gave you were all BK related. Your attorney is apparently viewing your father's SS and disability as household income since you reside there. You may qualify for state aid which would give you free attorney services to file BK. But, as with any advice, you are on your own to do as you wish. And if you file a Chapter 13 and have any sort of income increase if you go to work, your Plan may have to be modified. You have all sorts of issues tied into a BK situation...just bringing some out that will or may pop up - best of luck to you!

Thank you. Thanks for ignoring my stressed out attitude.
Apparently today is a holiday so everything is closed.

[jadams]

Based on my attorney's advice in my situation your father's income and him providing you with "free" room and board only matters in as much as it reduces your expenses. Since you have no income, it's really a rather moot point. They can deny all the expenses they want and there's still no disposable income because there wasn't any to begin with.

I am in a CH 7 with no income, living with family. The family members all earn an income that puts each of them way over median by themselves. They don't charge me rent. They pay for my food. They pay for my phone, etc.

It would start to be an issue if you had your own income that you were trying to offset so you didn't end up with DMI to fund a CH 13.

(i.e. someone with $1500 a month income and no living expenses can fund a 13 a lot more than someone with $1500 income who pays rent and food)
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If you can't get a refund, maybe you can convince this lawyer to do a CH 7 (so you don't waste what you paid) -- but then keep up on the case with PACER and check in here and essentially follow the case like you're pro-se to make sure the lawyer isn't mucking things up?


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I can understand the frustration with the ever changing advice. I think so much of the code is poorly written so even the lawyers and trustees just guess.

[tinfoilhat]

If you can't get a refund, maybe you can convince this lawyer to do a CH 7 (so you don't waste what you paid) -- but then keep up on the case with PACER and check in here and essentially follow the case like you're pro-se to make sure the lawyer isn't mucking things up?


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I can understand the frustration with the ever changing advice. I think so much of the code is poorly written so even the lawyers and trustees just guess.

Yes, I think I'll just flat out refuse a 13 and my reason is going to be because I have no income and I'm not going to lie and say I do.

His reason to put me in a 13 is to protect my assets, which I don't understand because he valued them and they fall under exemption.
He said I'll lose my car and truck. I'll get them appraised so their value is certified AND under exemption so I can't lose them.

[BigJohn]

tinfoilhat, does your father have a garage or something you could rent? (your own home)
Can your father pay you a few hundred dollars a week? (income)

[tinfoilhat]

tinfoilhat, does your father have a garage or something you could rent? (your own home))

No garage, just the one attached to the house.

Can your father pay you a few hundred dollars a week? (income)

Not really, he agreed to pay $100 a month for this chapter 13 plan, otherwise no.

[tinfoilhat]

tinfoilhat, does your father have a garage or something you could rent? (your own home)
Can your father pay you a few hundred dollars a week? (income)

No garage, just the one attached to the house.


Not really, he agreed to pay $100 a month for this chapter 13 plan, otherwise no.

Follow up? I have no idea what you're getting at exactly.