What if I just stop going to the court dates? I asked for my lawyer to get me contact info for the judge that has been assigned to me, and the trustee's info as well. Should I try to contact them? I mean, my damn lawyer at 1pm said if I had my shop valued he would stay with me. Then at 5pm he backed out again for the 3rd time. What if I contact the Credit card companies directly and tried to work out something directly?
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Please,...in dire need of help! (long, sorry)
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If you stop going to the court dates the Trustee will dismiss your case and then the creditors have the advantage.
Is your debt mainly unsecured or secured?
Is it all personal debt or business debt? or a combination of both?Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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Originally posted by StartingOver08 View PostIf you stop going to the court dates the Trustee will dismiss your case and then the creditors have the advantage.
Is your debt mainly unsecured or secured?
Is it all personal debt or business debt? or a combination of both?
This is all completely personal debt. Nothing to do with my work what so ever.
Its all credit cards, and 1 car I turned in.
I just dont want to be fined in contempt of court for not showing up.
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Hopefully HHM will jump in here shortly to give the pros and cons of just letting the case get dismissed based on your circumstances. I don't know the ramifications of your situation.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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Is it possible to sell your shares of the corp to your brother, remove you as an officer, list the sale value of the corp as an asset in your schedules, and then have the trustee distriubute from that sale? Then have your brother hire you with a salary?
All with the ok of the trustee if possible?
Seems like there has to be some way around it as long as you are being honest as to the value and the trustee is happy with the creditor payback.
Did you form an LLC, S, or C corp?
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He really doesn't have the money to buy me out. The only reason we decided to incorporate was to protect our future. I believe it's an LLC. And when I did it, I had told my lawyer I wanted to pull out, as he had already said be was withdrawing from the case then recinded that once already. I feared he would do just as he did. And be lead me to believe my pulling out was possible with the courts approval. But from talking with another lawyer today, this is not at all true. Once chapter 7 is started, there is no out.
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So I just spoke to another lawyer. He says my lawyer should have never let me have more than $1000 in the bank. And that even if the judge lets me go, the trustee could still come after my work. And as the best case scenario, the trustee will come after me for the money/time he wasted on my case. And he feels as though its not a big deal that I incorporated.
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Originally posted by Stevessvt View PostSo I just spoke to another lawyer. He says my lawyer should have never let me have more than $1000 in the bank. And that even if the judge lets me go, the trustee could still come after my work. And as the best case scenario, the trustee will come after me for the money/time he wasted on my case. And he feels as though its not a big deal that I incorporated.
At least this attorney sounds like he knows what he is doing....you do not want to be at the mercy of a trustee without having a good attorney looking out for your interests.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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Your right, he does.
Now if I only had $2000 to retain him.
I wrote the judge pleading with him to dismiss my case. Explaining what happened to get me where I stand today, and yes, I screwed up by incorporating, but I certainly didnt mean anything bad by it. We where just correcting a mistake.
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Originally posted by Stevessvt View PostYour right, he does.
Now if I only had $2000 to retain him.
I wrote the judge pleading with him to dismiss my case. Explaining what happened to get me where I stand today, and yes, I screwed up by incorporating, but I certainly didnt mean anything bad by it. We where just correcting a mistake.
JMO, you might want to consider borrowing the money from family to retain the attorney that can work this out for you. You are allowed to repay anyone after your discharge voluntarily. Your situation is difficult enough without trying to do it pro se (without an attorney).Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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Is there such a thing as a pro-bono bankruptcy lawyer?
Steve, I found a resource for you (below), but I do not know anything about the qualifications or requirements:
Legal Aid Society of Palm Beach County, Inc.
Primary Address: 423 Fern St Ste 200
City: West Palm Beach
State: FL
Zipcode: 33401-5839
General Phone: 561-655-8944
Fax: 561-655-5269
Intake Phone: 561-655-8944
Counties Served: Palm Beach
Case Types: Adoption, Bankruptcy, Community Economic Development, Consumer, Child Custody, Dissolution of Marriage, Domestic Violence, Education, Elder Law, Employment, Housing, Immigration, Individual Rights, Juvenile, Real Estate, Wills
Case Restrictions: 150% of the Federal Poverty Guidelines 55 years of age (Elder Program) HIV/AIDS diagnosis (Ryan White Program) Bankruptcy requires over $10,000 in debt consisting of primarily medical debt.
Web Site: http://www.legalaidpbc.org
Organization Email: [email protected]Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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