Went to the consultation on Thursday and it went fine. Friday I had questions and called many times and left messages...nothing. Monday I called and left messages with staff...nothing. Finally I called after hours and got the voicemail of the lawyer and he called back this morning but I was not able to answer. Called him back and the staff told me until I retained him that I was not able to get anymore questions answered(basically until I pay them 500) I told them that the question I have is asking about if we have to file in June instead of Jan like planned due to some cash advances on my mothers credit cards that we paid off. He is supposed to be calling us back but I doubt it. And the staff are not nice...Is this just norma? Am I asking to much?
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Last edited by okiemom2008; 11-18-2008, 09:32 AM. -
How many attorneys did you go see? I think I went to 7. Nothing wrong with going to see more. If you dont like the staff or attorney now, well once they get your money, Im bettin' you like them even less. JMHO tho.. good luck -
if you haven't paid this guy anything yet, this is normal. if you don't like him or the staff, i'd move along to another attorney...it doesn't bode well for future dealings. i can get why they don't want to work the case in any way (including filing advice) until they get some money in...but i can also see how a courteous staff is crucial to getting stuff done.
good luck.Comment
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The answer they give me to that question determines if I retain him or not. If he says no then I am not going to retain him now because their rule is after you retain him you have 90 days to file or you owe more fee's. So I would owe even more feed all because they cannot answer this one question.
If they say that the cash advances are ok and they will not go after my mom for the money then I will retain him...
So stressed out and this on top of everything. The reason I do not want to go to any more consultations is because my husband works non typical hours and he had to take 4 hours off work for this lawyer. I am not sure if his boss will let him miss anymore work and when he gets off work all offices are closed.Comment
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These attorneys offer you a free consulation and questions are to be asked at first Free consultation. They don't want to answer any additional questions without you paying a retainer. I guess you cannot blame them cause there are some people that will keep asking quetions and then go on to another attorney. If they anser this one and you are not filing for many months, I am sure that you are going to have more questions. I really do not blame them. They are not going to keep working for free. BUT, if you are unhappy with his services now, then I would move on.Comment
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How long ago were the cash advances? And what did you do with the money? Not that I care, but the trustee might. Like if you took cash advances and bought a luxury item.Comment
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Yea I never thought of it like that. Thanks!Originally posted by jessegirl View Post
Basically what happened was...my mom had a 0% chase credit card. She offered to let us transfer our balance of our BOA card onto her card..it was like 4000. So we did that in march 2008. Paid it off in May 2008. Then in June 2008 we needed 6500 extra to put on a downpayment on a house until we could cash out our retirment(it took them 4 weeks to get the money in our bank) so we took a 6500 cash advance off her card and it went into out bank account and then 4 weeks later at the end of July when we got out retirement deposited into our bank we paid her chase card off. So basically I am wondering if I need to wait to file until one year later(June 2009) or file in Jan 2009 like I planned.
I hope I do not have to wait as this month I am late on all my credit cards and one mortgage.Last edited by okiemom2008; 11-18-2008, 09:44 AM.Comment
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It was just for the downpayment on the house that is undercontract right now. We put 15k down on it(6500 of that was the chase cash advance) and then we used the rest of our retirment that we did not pay her off with to put the rest down. The house is selling right now for 30k so we will make a 15k profit(basically get back the 15k we just put down in May) but we don't even want to get it f we have to count it as income...That was another question I had for the lawyerOriginally posted by jessegirl View PostComment
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Since DH has unusual hours, you might consider sitting down with him and compile a list of questions to ask perspective attorneys. Then go yourself. If you find one YOU like, tell DH you found "The One" and hire him/her. If YOU are going to be the one doing all the leg work, find someone YOU are happy working with.Comment
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That makes sense. The lawyer did not call me back today either so it looks like we are going to find someone else. He did tell me that any business with did with family(cash advances, loaning money ect.) would be a big factor on when to file. When I got home and checked the ordeal I wrote above..I see that is is June 2008 so that means no filing until June 2009.
Hoping the next lawyer has another perspective on that. Like some way we can still file and not have to deal with the cash advance family ordeaComment
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I thought that you only had to wait 6 months before filing if you did cash advances? Someone please correct me if i am wrong.Comment
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Most trustees only go back 180 days when it comes to cash advances on credit cards, but they can go back up to 1-2 years if needed or questionable.
Using a credit card for a downpayment on home would be questionable....... I'm sure they would look into it, may not be a problem, but he could question it.....
I would get several opinions from at least 3 attorneys on this and then make a decision.Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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I think the OP is wondering if paying back mom's cards was an insider preference, which has the one year lookback. I have a simular situation and have been trying to nail down the status of this myself. So far I have gotten everything from it's not even a preference to it may be a fraudulent transfer depending on the details.Originally posted by jessegirl View PostComment
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Originally posted by Minnymouth View Post
Do you think it would be questionable even thought the reason we used the credit card was because our retirement company took so long to give us the money. It took them 4 weeks and then as soon as it got put back in the bank we paid it off.Comment
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