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BK 13..had initital consult yesterday

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    BK 13..had initital consult yesterday

    Good Morning...this is my first post!

    We sat down with the attoney yesterday..here are the details

    I own a co-op Mortgage $144,500 value Approx. $190,000 (hubby not on any of this) Monthly payment of $936 plus montly maintenance of $765 Total $1,700

    We own a 2008 Toyota Highlander - payoff $26,000 worth about $24,000 $541.00 monthly payment

    We owe Approx $130,000 in unsecured debt

    We have two 401k loans $825 a month (this may be adjusted since I am trying to pay one off and reborrow to cover attorney fees, get DH a commuter car and have a little under the mattress)

    Since I receive a bonus in February I need to wait til September to file so this will come off and not "schew" the monthly numbers.

    He said I would have to turn over my bonus (this will help get us paid off sooner) and tax refund (no biggy, we paid this year).

    We will be at a 100% payback on the unsecured debt. I think he thought we were going to object to this but we further explained that not paying back was not our intention...we just want fees, intererst and time to pay these down. Although it's bankruptcy...for us it's actually a 5 year plan to pay all the debt back and learn to budget. The attorney said it's going to be tight..how much more tight can it be? We've cut back on a lot of things and we are managing. I truly believe we will be better off doing this and in 5 years (maybe less) I will be done with Credit Cards!!

    He is asking for $2,828 with a $650 retainer...I am going to get him the retainer in May so I can have the collectors call him.

    What are your thoughts on 100% paypack? Fees?

    Thanks!

    #2
    The fees are right in line with everyone else - - some of them could/should be billed to the plan, generally half of it.

    As far as a 100% payback, you should present a real budget to your attorney and let the % fall where it may so this will be a successful realistic plan instead of a 5 year debtor prison sentence.
    19% dividend

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      #3
      thanks for the response...I will pay $2828 and another $1975 will be in plan. I am in NYC...I am working on a budget but I guess I will need to be sure that I am not putting more than what is allowable...I am still new to all this sorry is I am not making sense....

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        #4
        Originally posted by bugasbaby View Post
        thanks for the response...I will pay $2828 and another $1975 will be in plan. I am in NYC...I am working on a budget but I guess I will need to be sure that I am not putting more than what is allowable...I am still new to all this sorry is I am not making sense....
        The fees are a little high, but I'm sure it's just because it's NYC.

        You can check the IRS limits on the UST Bankruptcy website for expenses to give you some idea.
        19% dividend

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          #5
          Thanks again...I've been poking around to find out where I stand...I guess I am some what confused by the 100% pay back over 5 years...I do not think it will be a full 100%. I received this year 13,400 after taxes in a my bonus so if it stayed at that that would be $67,000...then I was looking at my budget and I only really have about $800 left over..that would be another $48,000...so yea it kinda close to the $130,000.

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