HELP I think I'm in trouble

[AngelinaCat]

[lrprn]

I am so sorry to hear about all your troubles . Unfortunately with the circumstances you descripe, you and your wife truly do need an experienced bankruptcy lawyer to help you.

Do you have a Legal Aid office in your city? They will only charge you what you can afford and will be far better than trying to go up against a determined creditor without legal help.

Also it is still a good idea to meet with 3-4 experienced bankruptcy lawyers in your area. If you explain your difficult circumstances, it's possible one might be willing to help you out with a reduced fee or even waive their fee. You won't know unless you try.

My last suggestion is to contact the Bar Association in your state. Explain your circumstances - some bars have a list of lawyers willing to do the occasional 'pro bono' (free or reduced cost) work as a public service. Here's the list of all the bar associations in the US - just pick your state - http://www.abanet.org/barserv/stlobar.html

Good luck! I hope you find a lawyer who is willing to help with your very sad situation.

[AngelinaCat]

Thank you lrprn but we have no choice

This is a wonderful cathartic site. We have learned much. However 'lrprn' I must stay Pro se' as we just have NO money and live for S.S. and struggle the month. BTW I am "hubby" of Angelinacat you spoke with. So your answer prompts more questions. I have drafted for hours and used samples of Federal motions and laws. I soon will be a better lawyer than our lawyer (no big deal there). Anyway, the question is: Let us say, I lose the AP and they toss my case due to the lawyer saying you don't have the mortgage or the money, so don't file it, and the Judge tosses us so we get 200 Judgments. What can they do? WE GOT NO MONEY.

Now we are fortunate and live in Florida with a paid for house and when we were millionaires on paper, we gifted our property with life estate as a park in perpetuity. Can they levy on a life estate? They can't live here and the property legally belongs to another entity and we have exclusive use till both die.

Also can they take or levy on future purchases that we buy after the fact? Like if I purchased a car with cash (fat chance) could they take it? Am I forever threatened with stuff that can be taken because of bunches of Judgments?

I will never live the life of a Judgment 20 years. This is hypothetical as I expect to explain in honest terms that we used our proceeds to STAY ALIVE and WARM as the electric was going to be shut down.

Let it be a lesson to other's, never pick an adversary that can outspend you. You will be milked to the poor house as we were. MONEY buys Justice. Ask O.J.

Thanks again.

[CindyLou]

Its soooo funny, because as I was reading the beginning of your post I was actually thinking about OJ!!!!!! (i guess because you said you live in FL!) That's too funny that you mentioned him at the end of your post.

[JRScott]

As lrprn says you might find a lawyer that is pro bono and you could end up paying nothing. It might be worth it to look into.

[deafbroke]

Worst case I think you can wait the required time limit and refile chapter 7. Get free bankruptcy counceling on it. Other than that, you need a good lawyer.


DB

[woeisme]

Don't know anything about the trust for the house, but if you have no income and no other assets, they could get a judgement, but as you said, to no avail since you have nothing to pay it with. Just make sure all of your SS checks are paper, not direct deposit, and go to all cash instead of a checking account that can be frozen and seized. So sorry to hear about all your troubles! If you can live in the house until it becomes part of your estate, it's really not your problem if they put a lein on it, right? I know you have other plans for it, but whether it becomes a park or not isn't the most pressing issue from all the other problems it sounds like you have. Good luck.

[AngelinaCat]

Thanks 'Woisme". Husband of......

Here is some new info and boy you folks are great. My wife and I are near apoplectic. Our checking account is in a Revocable Family Trust name. S.S. or other retirement I have understanding that that cannot be attached. Isn't this true?

Now I have located an email to my (let me be kind and respectful) F'ing Lawyer regarding the Mortgage Assignment we discounted and sold. She said back last July before we filed 7, that it was out of range and if you don't have it, and no money, (I paid utilities with the paltry discount), it isn't needed.

TODAY Pacer said I have a lawyer to attempt recovery and also sent to her as my Counsel. I am going to burn her not us as we are quite ignorant of this. MY credit score was 820 one time. Better than Clark Howard. Now I am supposed to know all this stuff? I do pretty well at Pro se' (if it works) and would love to display some legal stuff for comment. I wish I could. We will see if it "flies" as a Judge should know that in a BANKRUPTCY COURT if you are pro se' YA GOT NO MONEY, and be more lenient of all "dots and tittles". I hope that is the case.

ANYONE?????

[JRScott]

Check to see if there is a legal aid office in your area, they charge little to nothing. Given your circumstance it might be worth the small fee to get them to help in drafting your response.

[AngelinaCat]

Hi JRScott and all:

When we got the snail mail notice Friday we called the telephone number in our phone book. At first we got a recording, then after a telephone number referral or two, finally a person. We were told that there is no person to person consultation--just by telephone. That is, you call this certain phone number and leave a message and an attorney MAY return the call in 24 hours. This being a Friday, we figured the return call wouldn't be until Monday at the earliest. My husband had spent several hours with both of us researching and him typing up a response. He was wanting someone to eyeball the document as to form and content. And that apparently would not happen with an agency that only does it by telephone. So Friday afternoon, we mailed off the document, certified with return receipt and will just have to wait to see what happens.

BTW I cannot recall, nor does my husband, any time that we were told of the ’90 Day Rule’ by our inept BK attorney, or any of the other ‘dos and don’ts’ that we have learned since joining this forum. We both wish we had found this long ago. Thank you for being there and listening.