went to the consultation today....

[okiemom2008]

and everything went fine except we found out that we cannot file until July and right now would have been the perfect time as we are just now getting late and nothing has been repo'd.

The reason...back in February my mom opened up a credit card that was 0% interest and let us transfer 6600 of our high interest credit card's onto hers. So we had the 0% interest rate. We cashed out our retirement in July and paid that 6600 off.

The lawyer said they look at everything a year back...at the consultation today I thought we had paid it off in Jan 2008 but when I got online to see it was July 2008. Kinda bummed as we were thinking about filing but we really don't have the option. By the time we can file in July everything will be gone...ughhh The reason we cannot is because they will try and get that 6600 back from her even though we paid it all.

[ansky0007]

and everything went fine except we found out that we cannot file until July and right now would have been the perfect time as we are just now getting late and nothing has been repo'd.

The reason...back in February my mom opened up a credit card that was 0% interest and let us transfer 6600 of our high interest credit card's onto hers. So we had the 0% interest rate. We cashed out our retirement in July and paid that 6600 off.

The lawyer said they look at everything a year back...at the consultation today I thought we had paid it off in Jan 2008 but when I got online to see it was July 2008. Kinda bummed as we were thinking about filing but we really don't have the option. By the time we can file in July everything will be gone...ughhh The reason we cannot is because they will try and get that 6600 back from her even though we paid it all.

If you have a paper trail from your debt going to your Mom's card and your payment going back to your Mom's account there is nothing to worry about. Especially since you took exempt savings and used it to pay off the debt and they could not touch your retirement money anyway. Get a few more consults if you do not want to wait.

[hopeforus]

I agree, based on what I have read on here... get some more consults. You shouldn't just go to one consult anyway.

[okiemom2008]

I agree, based on what I have read on here... get some more consults. You shouldn't just go to one consult anyway.

How would I be able to trace it through paper? I also had cash advances in the bank at the same time because I was buying my business truck with 0% credit cards(2 diff cards) So I had my retirment, and the cash advances(all would be about 20k) in the bank at the same time.

What is the reason for the multiple consults? His fee was 1500..is that about normal? Plus we had to pay an extra 450 for being self-employed for 3 months of the year and if we decide to do a redemption loan on the vehicle which we are considering it is an extra 400

I really liked the guy and so did my husband but I had no idea we needed more than one consult

[hopeforus]

Wait... I'm confused. You paid for your consult? Or did you get a consult and then hired him , therefore paying his fee?

The reason for multiple consults is so that you can find one that fits you and that you feel comfortable with.

[okiemom2008]

Wait... I'm confused. You paid for your consult? Or did you get a consult and then hired him , therefore paying his fee?

The reason for multiple consults is so that you can find one that fits you and that you feel comfortable with.

It was a free consult. We have not decided what to do yet..it all depends on that ordeal I listed earlier with my mom's credit card.

He just gave us all the paperwork and said if we decide to file just let him know and he will set up a meeting. But yea we have not paid anything or signed anything yet.

Also, he is going by all the Texas rules since that is where we lived in 06 and 07. We are moving back to Oklahoma after the bankruptcy is final... I hope they cannot come after us then since we are in a diff state than where we filed bk.

[hopeforus]

ooh ok!

I suggest speaking to a couple more. While you liked him you may have liked him just because he was the 1st one you met and you may want to see if you like anyone else even more or if they tell you something different. Can't hurt.

[okiemom2008]

ooh ok!

I suggest speaking to a couple more. While you liked him you may have liked him just because he was the 1st one you met and you may want to see if you like anyone else even more or if they tell you something different. Can't hurt.

Definetly..thanks!

[JRScott]

Your lawyer is correct. Since the debt was in your mother's name after the transfer, then paying 6600 dollars in debt in her name is an insider trade in essence even if you originally owned the debt. As such there is a 1 year look back on that. The Trustee could then go after the creditor who was paid 6600 dollars and reclaim that for distribution to all your creditors and leave your mom still owing the debt. So yes his advice to wait a year is probably the best advice that can be given.

Still never hurts to check 2-3 more lawyers .