My wife has her lawyer call me and he said he's 90% sure he can get me through on a chapter 7 if i use our old house that she lives in on the means test. I told him she hasn't made a payment in 4 months and that i don't live there now. He tells me it don't matter, he can make it fly don't worry about bring in the money and he will file 4 days later....What do you guy's think. My wife and i are not legally separated at this time just living apart. I just took all the debt when we separated since i get a paycheck that can be garnished. So she tells me she will pay the lawyer fee to try it.
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sounds like a scary place to be in....
90% sure isnt 100% guarenteed and honestly, I'd wonder about the legality of what you're lawyer is attempting to do. It all comes down to the trustee in the end. If you dont live there and thats not your actual expense......but your wifes - could get very sticky. -
I never explain myself well in words sorry, Its not my lawyer mine is doing a chapter 13 for me. This is a lawyer she seen and had him call me. I'm not going to do anything that I'm going to go to jail on, He said technically its my home also and my debt the trustee don't care who lives there or is making the payment.Comment
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jmac, you described your lawyer as a rookie. Is your wife's lawyer more experienced? Is he talking about a joint 7? If so, you'd list both of your housing payments. Somebody posted the law regarding separated spouses just yesterday, I think. You don't have to be legally separated, just living apart for reasons other than to get an advantage in BK.
If you aren't going to have to pay her lawyer, maybe you could put your lawyer on hold with the 13 and let her lawyer file the 7. If it doesn't work, you can either convert to a joint 13 with her lawyer or dismiss the 7 and go back to your lawyer to file 13.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
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This is what i was thinking, but i didn't know if you can do that. I have payed nothing to this lawyer and have talked to him more then my lawyer i payed 5400 too. He was one of the people to tell me to run from doan law firm which i should have and would have if i had this info earlier and not payed in full with a garnishment coming any day now that i cant have happen. Worse case scenario i will pay 50k to learn a lesson or do i chance it and pay nothing and see what happens. It was kind of funny my lawyer told me to stick way below the numbers it had been her experience the trustee will let it fly this way, i asked what her experience was and she said she been a lawyer for little over a year, guess that what i get for going with the cattle heard law firm.Originally posted by LadyInTheRed View PostComment
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I think you can, but ask your wife's attorney.Originally posted by jmac View Post
Maybe you could get part of the $5400 back if you use your wife's attorney. I'd say it's worth a $5400 lesson if you get through a Chap 7 with the other attorney. You can always go back to Doan to file a 13 if necessary. If you do, you should be sure the 1-year attorney is getting input from more senior attorneys. $5400 should cover access to more experienced attorneys in the firm. Putting you in a difficult plan just to stay under the trustee's radar is not acceptable, especially when you are paying $5400!I have payed nothing to this lawyer and have talked to him more then my lawyer i payed 5400 too. He was one of the people to tell me to run from doan law firm which i should have and would have if i had this info earlier and not payed in full with a garnishment coming any day now that i cant have happen. Worse case scenario i will pay 50k to learn a lesson or do i chance it and pay nothing and see what happens. It was kind of funny my lawyer told me to stick way below the numbers it had been her experience the trustee will let it fly this way, i asked what her experience was and she said she been a lawyer for little over a year, guess that what i get for going with the cattle heard law firm.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
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Yea you would think she is just the big guns side kick getting info for the case, but i got a feeling she is it.
If i could do a 7 I really could care less if i get the 5400 back, like you say take it as a lesson learned and move on. See what he has to say wed.Comment
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