Advice from another lawyer/question

[toomuch]

I spoke to another lawyer on the phone today, briefly, about filing bk.
I told him hubby and I had used a couple of cc in September for purchases and advances. He said we needed to wait as long as possible to file and to keep making the min payments. I told him we hadn't made any payments on the cc since September, per another lawyers advice. He said we were going to get hit left and right with judgements and liens.

He did say it was okay to use the $1000 from Life Insurance Policy.

We are turning in our 2 vehicles as soon as our income tax refund comes back so I can buy a used car outright.

My question, which I didn't have time to ask the lawyer is......
If we do wait over 6 months, close to a year to file and we do have liens and judgements placed against us (we own our home with about 8,000 equity), when we do file, will it be a problem to have these things lifted? I have been told I can put them off for 30 days by having lawyer submit a request to prove debt (or something like that), but that would not be enough time.

I know I'm rambling, I hope my question is understood. Please help me sort this out.

Thanks,

Toomuch

[HHM]

Yes, if a judgment comes your way, the BK will allow you to take care of it. The only issue is whether a creditor can execute the judgment before you file, i.e. garnish wages, etc.

[toomuch]

Yes, if a judgment comes your way, the BK will allow you to take care of it. The only issue is whether a creditor can execute the judgment before you file, i.e. garnish wages, etc.

Thanks for the quick reply HHM.

We have stopped direct deposit and are getting money orders for bills instead of putting money in the bank.

If a creditor did execute the judgement before we file, could it then be stopped when we do file?

Toomuch

[HHM]

Thanks for the quick reply HHM.

We have stopped direct deposit and are getting money orders for bills instead of putting money in the bank.

If a creditor did execute the judgement before we file, could it then be stopped when we do file?

Toomuch

Yes.

[SinkingFast]

But then you'll have to go thru another procedure after the BK to vacate any liens, judgements, garnishments. Otherwise, they'll continue to show on your Credit Reports

[daisey]

I dont understand why it would matter if you used them in September, why would that make the lawyer suggest you wait as long as possible to file?

[toomuch]

I dont understand why it would matter if you used them in September, why would that make the lawyer suggest you wait as long as possible to file?

I get different advice from different lawyers. All of them seem to know what they are talking about except one, who is full of himself.

One lawyer tells me even though hubby makes over the median for Ga., we still have a good chance for a 7. The next lawyer says I can do a 7 and him a 13. One says we both HAVE to do a 13. Keep in mind, none of our unsecured cc debt is in both names. I have mine. He has his. The house loan is in his name only, the deed is 50/50.

Because of a heart attack and cardiomyopathy, I can no longer work, therefore decreasing our income drastically. I have 55 in unsecured debt, plus my car, which is 500 a month and I'm turning it in.

Hubby has about the same in unsecured debt and a new truck which he is turning back in.

We want out of debt and change our lifestyle forever. At 52, we don't have a lot of time til retirement and I don't want to be saddled with debt.

So, now it's a matter of a 7 or 13. The lawyer today, as all of them have said.....if we file a 13, that's it. We don't report to the trustee.....hubby can inherit, work ot, anything. When I told lawyer I thought the trustee would "watching" us for 3 or 5 years, he asked how are they going to do that? He said that was bologny. What the plan is set at, is a done deal. He did say we can't take on more debt without permission though.

So.....I'm in Ga. I don't see how it's any different for us than anyone else posting on this forum.

[jal1129]

I am interested in why they said you have to wait if it was in Sept also. I thought there was a 90/70 day rule? I opened a loan for 1000 in Aug for dental work. Then in Nov my DH was in an accident and has been unable to work. I have called these people I have the loan with (money tree) to work something out and they said if I did'nt pay by the end of this month they would sue me. I am just now 30 days late. This is one of our reasons for going ahead and filing sooner rather than later.

[toomuch]

I am interested in why they said you have to wait if it was in Sept also. I thought there was a 90/70 day rule? I opened a loan for 1000 in Aug for dental work. Then in Nov my DH was in an accident and has been unable to work. I have called these people I have the loan with (money tree) to work something out and they said if I did'nt pay by the end of this month they would sue me. I am just now 30 days late. This is one of our reasons for going ahead and filing sooner rather than later.

ja, our situations are different. Your loan was for dental. I used cc for appliances. Your husband was (unfortunately) in an accident. We have approx. 115-120K in cc debt. That alone will raise a flag.

As I am quickly learning, every single case is different. Good luck and I hope your husband recovers fully.

Toomuch