Filing Chapter 7 this week... worried...

[Odie]

I'm worried because the paperwork he drew up didn't contain my updated list of assets that I sent him. It's mostly little stuff, which I mentioned to him and he didn't seem to be concerned with... but I'm worried.

I'm worried because we're just below the median. He's counting me as a four person household, even though my husband can only claim one of his girls on his taxes. Both of my stepdaughtes live with us half time, with no child support being paid by either party. I'm worried they'll say I'm a three, or worse, a two income household. My lawyer says he's fairly confident that it won't be an issue... but I'm worried.

He said nothing about getting my checking account close to zero. I asked him about the trustee draining my checking account, and he says they only do that if you have a CC at the same bank that you're including in the filing. But I'm worried. My checking accout will have about $40 in it, but my savings will have $275. My husband won't have a lot of money either (I'm filing married filing singly) but I'm worried they'll go after his money too, little that there is (maybe $25 in checking and $50 in savings).

I worry how much I'll be charged, if they force me to convert to a Chapter 13, and what the financial fallout of that will be.

I'm worried that they'll find a way to claim something I own. My husband owns his car outright, and I own mine (both purchased before we were married, in full).

I'm worried they'll find something I forgot about, or something I didn't know was important, or that I'll say something stupid at the 341 meeting.

About the only thing I'm NOT worried about is reaffirming my mortgage. I already signed the paperwork with my lawyer that I intend to keep paying them (first mortgage and second downpayment mortgage). So the house should be safe. I knew it would be, but it's nice to know that's already signed off on.

I'm just overall worried that something will blow up in my face, and I'll get in huge trouble. I'm not lying, not trying to hide anything... but I question how my lawyer's handling the paperwork and the numbers.

[Help!]

I am worried for you, too. Be certain you are comfortable with your petition, because if questions arise it will be you who has to answer them - not your attorney. Those "little things" the attorney wasn't too concerned with were enough to put our case in danger of dismissal.

I am concerned about the cars you own outright, especially if your total asset value exceeds the exemptions for your state. "Fairly confident" doesn't cut it in my book as an answer. I'd talk to some other attorneys if possible.

If you're stuck with this lawyer, make him work for his money. Insist that he make those changes and/or additions. It is *your* petition and you should not be rushed into signing it if you are at all uncomfortable.

Speaking from experience, I wouldn't recommend filing a petition I was not 100% sure about. The blow-up-in-your-face scenario is exactly what I'm going through now and the tone of your post is deja vu. Trust your instincts!

[CindyLou]

First of all, worrying isn't going to get you anywhere. Take action. Make a list of your worries and ask your attorney to explain each issue to you.

[danaf]

Do not sign the paperwork until he makes the changes that more accurately reflect your situation that will make you more comfortable. Bottom line, no ifs or ands about it. You are the one about to go under the scrutiny of the trustee who is a trained forensic accountant - not the lawyer. Just don't sign the paperwork until you are comfortable with it and don't let him talk you out of your comfort level.

[pa308]

About the only thing I'm NOT worried about is reaffirming my mortgage. I already signed the paperwork with my lawyer that I intend to keep paying them (first mortgage and second downpayment mortgage). So the house should be safe. I knew it would be, but it's nice to know that's already signed off on.

I plan on reaffirming my house as well. Is there separate paperwork in the filing that indicates reaffirmation or are you talking about signing a reaffirmation agreement with the lender prior to filing??? Hoping I dont have something more to worry about.

I understand where you are coming from. As I get closer to actually filing I am worried/stressed about everything..........

[AngelinaCatHub]

Ms. Odie:

We are and have been, worried. The advice you are getting here comes from Heaven in my opinion. My case is complicated enough and I too have a crappy lawyer who screams at us, and took more than 16 months to get to action, then blames us for not giving her all the stuff after we did it four times. So, I see in the run of these peoples experiences, these bk lawyers seem like they are on an assembly line and push you through. "Bedside manor" does not get it here.

You have found a place with others who either have "been there" or are going through same as you. To each, it is earth shattering, but in the whole, we will all get by this, one way or other. Please do not bring another problem into your straights, which would be too much worry. Then it could become medical. In our case, we are on some meds for this action as well as for our age and situation. If you want real worry, cause this little thing (and it is in the big picture) to make one or the other of you very ill.

In my opinion, and many may not agree, but do what you can do, what you cannot do, do not worry about. (In other words, put it in God's hands).

You have supporters here, worried for you. Let that be enough to take some strain from your soul. 'Hub

[Cali]

I am worried that people don't speak up when they feel something isn't right.

1. The cars are a worry if you can't exempt them.
2. I've never heard of trustees only draining bank accounts that you are filing on.
3. I would advise you to have 100$ or less left in your account.

[Odie]

Thanks everyone I looked at our exemptions closer, and it appears that he did add things from my updated list. I was pretty specific, and he generalized some things and came up with his own value numbers.

I'm still concerned about the household size thing, but I faxed him my husband's divorce paperwork, which details the custody agreement, per his request in case there were any questions.

I have less than $100 in my checking account, but what about savings? I have $275 in there. LawyerMan listed both my credit union accounts and my ING direct accounts on the paperwork. My ING savings only has about $40 in it at the moment, since I used our emergency fund to pay for LawyerMan. I'm STILL not clear on the whole bank account issue. If I don't have a CC through the credit union I'm with (I don't) they should not be able to touch my funds, yes? Or no?

[JRScott]

Is the accounts listed as assets in the petition with approximate amounts? If so you should be okay, try to get them to those amounts by filing date, hopefully your lawyer gave you a little leeway on it.

[Odie]

Is the accounts listed as assets in the petition with approximate amounts? If so you should be okay, try to get them to those amounts by filing date, hopefully your lawyer gave you a little leeway on it.

Yes, they are. Actually the ING account was listed way high, which I told him (paperwork stated $500 when there's now $40 in there!). The CU accounts will be below what it says on the paperwork (if he files before Friday like I told him to! We both get paid again this Friday.)

[JRScott]

Good Luck then sounds like things are in order