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    Very long post, meeting lawyer tomorrow in Fl

    Hello, my husband & I have reached the point of needing to file bankruptcy.
    Today marks the first time ever that we have not made a CC payment on time. But since we are seeing the lawyer tomorrow and know we will file I read we should not even bother and keep the money for our immediate bills.

    I am a stay at home mom and My husband is the money maker.
    He still has his job but has only been getting 20-30 hours a week the last 4 weeks, needless to say we can not pay even minimum CC payments this month.

    He made about 57 grand this year & we have 2 kids (pass the means test) we have about $1400 in a employee stock plan, have about $7500 in a 401k but we just took a loan for 3 grand thinking we would use it to pay the bills and repay with our income tax refund which should be about 4 grand. We did this before we realized his hours will not be getting better, we have half that money in the bank for the bills due March 1st.
    We each have a car and the cars are worth a total of maybe 4 grand tops. (old pieces of crap that run well)

    I need to keep a roof over our heads and pay basic bills such as rent, water, electric, phones, car insurance. Thats about $1600, then baby diapers,formula, and household food and gas.
    The CC bills are almost $1700.00 a month,which right now is only about $400 less than what he is brining home.

    We owe close to 60 grand on 6 cards. 3 cars are with BOA and we just opened a Credit Union account and transfered all of our monies in to it because I read the BOA can freeze your accounts if you owe them

    I am trying to figure as much out as possible before we see the lawyer so i have somewhat of an idea of what to expect.

    I have read that we each get to have up to 1 grand of equity in our cars, we each get 1 grand of personal property exemptions and we each get a 4 grand wild card exemption we can use.

    Does that mean we can use the wild card exemptions and apply them to the cars?
    Also i read that you can keep 60 days of bill & living expense monies, is that above what our exemptions will be?

    I know I will have all these questions answered tomorrow But I would love to get any other knowledgeable persons advice and opinions given the info i have provided.


    Also we are using a legal plan we have through the job and only have to pay court costs, credit counseling and credit report fees if we decided to use him.
    Are these lawyers just as good as one you would have to pay yourself?
    Last edited by sophia; 02-04-2009, 05:44 PM.

    #2
    We're in the same town! Let me know if you have any Tampa specific questions, as I'm now nearing the end of my Chapter 7. My lawyer was reasonably priced, and my Trustee was awesome. Good Luck!
    Chapter 7 Filed: 12/22/08
    341 Meeting: 1/22/09
    Discharged and Closed: 3/24/09

    Comment


      #3
      Sophia I know how you feel we are in the same situation. I have been a stay at home mom for the past 9 years. We did ok for our selves, I was even looking into going back to work. We got a huge suprise #5 is on the way. THis economy has been tough on us dh's income has gone down over the past 2 years, now we are lucky when he is working.

      As for the legal fund lawyers if you find out let me know, we are using the legal plan from his job as well. I did talk to another attorney just in case, but he is $1500.

      Good luck!!

      Comment


        #4
        Originally posted by freshstartfl View Post
        We're in the same town! Let me know if you have any Tampa specific questions, as I'm now nearing the end of my Chapter 7. My lawyer was reasonably priced, and my Trustee was awesome. Good Luck!

        Originally posted by momof4angles View Post
        Sophia I know how you feel we are in the same situation. I have been a stay at home mom for the past 9 years. We did ok for our selves, I was even looking into going back to work. We got a huge suprise #5 is on the way. THis economy has been tough on us dh's income has gone down over the past 2 years, now we are lucky when he is working.

        As for the legal fund lawyers if you find out let me know, we are using the legal plan from his job as well. I did talk to another attorney just in case, but he is $1500.

        Good luck!!

        Thanx for the replies!! It helps to know we are not alone.

        I am curious if either one of you got to keep your cars? How will I figure out how much the little bit of stuff we have is worth? Will I have to let the trustee keep my tax return?

        I have a special educational needs child and we have to have 2 cars so I can get him to his special ed class every day. I am so worried.
        I will be filing in the Tampa district.


        As for the pre-paid legal plan lawyer, we just went online and chose the coverage-in this case-Bankruptcy, it listed only 2 lawyers so we decided to use the one with more experience. It is only a one guy firm and the rest are his paralegals and clerks I suppose.

        Comment


          #5
          I have not filed yet. I have been gathering my paperwork (almost done). The laywer I taked to told me to keep the car and extend my lease. Then I don't have to worry about financing a car for another 3 yrs. I hope I don't have any problems. My lease is with honda finance. I read some had good luck with them some didn't. My husbands car is worth under $1000, it gets him to work.

          We already got our tax return, it will be gone before I file. I have to pay excise tax, parking tickets(before they boot his car), preschool tution, the water bill and all those little things you have to let go while on unemployment. I am concerned about next year's tax return, some say change our withholdings. We probaly will but at this point he is collecting and not having any taxes withheld. My husband is in the construction field, we can only hope for better days to come.

          Comment


            #6
            Sophia, the 4 grand is not a "wild card" as such - you can use if for other things IF you don't file a homestead. I am not sure about using it for the cars.

            Your personal items are priced at yard sale prices. Good luck - and I know it is easy to say but don't worry about it too much. Things will work out.

            There is a ton of info on these boards from a lot of great people - most all your questions can be answered here - use the search feature. - jb
            jb - A little knowledge is a wonderful thing - sometimes.
            Filed - 2/27/09
            341 - 4/3/09
            Discharged - 6/20/2009

            Comment


              #7
              I didn't want to keep my car, lol! It was thru SSFCU, and I owe $11k on an SUV.... please, as if any SUVs that are 5 years old would actually sell for that much these days. Are you in Hillsborough County? If so you'll probably be going to Polk Street, it was kind of hard to find if you aren't used to downtown. Have you met with the lawyer yet? I can PM you the name of the lawyer I used, she charged $1000 plus the $399 filing fee. She's a bit scatter brained, but she sure got the job done.
              Chapter 7 Filed: 12/22/08
              341 Meeting: 1/22/09
              Discharged and Closed: 3/24/09

              Comment


                #8
                Originally posted by freshstartfl View Post
                I didn't want to keep my car, lol! It was thru SSFCU, and I owe $11k on an SUV.... please, as if any SUVs that are 5 years old would actually sell for that much these days. Are you in Hillsborough County? If so you'll probably be going to Polk Street, it was kind of hard to find if you aren't used to downtown. Have you met with the lawyer yet? I can PM you the name of the lawyer I used, she charged $1000 plus the $399 filing fee. She's a bit scatter brained, but she sure got the job done.
                Hi there, yes we met with him & retained his services today. We got a big package of information to fill out. I am overwhelmed right now.

                I learned that all together we get 12 thousand in exemptions, so it looks like we can keep our cars and stuff. I have lots of info to read through and then I know I will have lots of questions.

                Comment


                  #9
                  Well good luck! I'm around if you have any questions for a local. I'm far from being the most knowlegable person on this forum, but it's nice to know there's people in your geographical area to talk to about this common situation.
                  Chapter 7 Filed: 12/22/08
                  341 Meeting: 1/22/09
                  Discharged and Closed: 3/24/09

                  Comment

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