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    #16
    You guys need better lawyers!! The new lawyer I have says he fights the people in court when they try to life the automatic-stay and then you get to KEEP YOUR CAR for a LONG TIME. That's what I am hoping to do. If I can keep my car for 12 months, payment-free, I will be dancing a jig every day! That will be THOUSANDS more I could put towards the brand new car.

    All these brand new small cars are coming out in 2010, 2011 and 2012 and I am wanting to buy one. Either the smart car, the Scion IQ, 2010 Honda Insight or the Chevy Spark. If I can just manage to have a car to drive until those cars come to market. I already checked out the smart car and am happy with it. I just want to see what Chevy has to offer first and also the Scion IQ. From what I saw, the Scion IQ looks a lot more cramped.

    Or maybe the smart forfour will come to the US soon as well. Plus smart is coming out with their fully electric car in 2010. All I need is my attorney to buy me some time. I need a long time to bankroll at least $10,000 to put down on any car of my choosing. I want to try to avoid buying a used car if possible. The thing is, something like a brand new smart car will cost me about $17,500 with taxes when I can buy a slightly used one for the mid $12,000 range.

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      #17
      Originally posted by debtmonster View Post
      You guys need better lawyers!! The new lawyer I have says he fights the people in court when they try to life the automatic-stay and then you get to KEEP YOUR CAR for a LONG TIME. That's what I am hoping to do. If I can keep my car for 12 months, payment-free, I will be dancing a jig every day! That will be THOUSANDS more I could put towards the brand new car.
      Sounds like the lawyer on the 2:00 a.m. discount law firm ad. Good luck! :-)
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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        #18
        debtmonster exclaims: You guys need better lawyers!!


        For some reason I'm realizing I did just fine with the attorney I hired.
        Last edited by OhioFiler; 07-07-2009, 02:50 AM. Reason: too early in the morning error
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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          #19
          Originally posted by OhioFiler View Post
          debtmonster exclaims: You guys need better lawyers!!


          For some reason I'm realizing I did just fine with the attorney I hired.
          If you had to give up a car early, you didn't.

          I guess I will find out of this attorney is for real or not. If I can file next month and keep my car 6+ months without a payment, that will be proof that this guy is for real.

          If I have to give that car back on day 61, then you know he was just like every other BK lawyer out there.

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            #20
            For sure you don't expect them to allow you to keep the car AND be free of the debt. All attorneys have to follow the law...I don't see how yours can get around it. Keep us posted!
            CH 7 Filed 6/26/09
            341 Meeting 7/27/09
            Last day for objections: 9/25/09
            When life gives you lemons, slice them and add to your Margarita!!

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              #21
              Originally posted by mynextlife View Post
              For sure you don't expect them to allow you to keep the car AND be free of the debt. All attorneys have to follow the law...I don't see how yours can get around it. Keep us posted!
              You don't get to keep it forever, just an extended period of time. He told me that he had one of his clients keep a car for 3 whole years without a single payment.

              10 years ago, who would ever think that somebody could sit in a foreclosure house for 24 months and not make a single payment? But people are doing it all over. So maybe this is similar. I am going to talk to them today about this issue. That's the most important thing to me right now. I just need this car until the first quarter of next year and then I'm buying a new one. If he can keep me in that car for 8 to 12 months, I can have enough money to pay cash for a brand new smart car, Honda Fit, Toyota Yaris or some other kind of car.

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                #22
                Originally posted by debtmonster View Post
                You don't get to keep it forever, just an extended period of time. He told me that he had one of his clients keep a car for 3 whole years without a single payment.
                I'll bet when he goes fishing he catches 450 lb marlins too!
                Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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                  #23
                  Originally posted by mynextlife View Post
                  For sure you don't expect them to allow you to keep the car AND be free of the debt. All attorneys have to follow the law...I don't see how yours can get around it. Keep us posted!
                  I told him about the people on here who post how they have to give up their car on day 61. I asked him in person today about this. His response, "Because those attorneys are not me."

                  He said, "Yeah, you have to give the car back, if you don't fight it. But I will fight it in court so you get to keep the car and this is included in my fees." This is AWESOME news!

                  That's the deal. Other attorneys are nothing more than paper pushers. They don't want to do anything. This guy actually does the work. He said I don't need to go to court or anything other than to answer 4 questions about me hiring him as an attorney. After that, I never need to step into a court room again. He told me today that I should be able to keep the car for no less than 6 months. That should buy me enough time to save up cash. If I can't buy a brand spanking new car, then I can buy one hell of a nice used car for $10,000 to $12,000 for CASH. For every month that I don't make my two car payments, that's not spending $1,050/mo. for the two cars.

                  Anyway, I paid him $2500 today (includes the court fees). At the end of the month I have to go back for some final paperwork and a 2 hour meeting. The paralegal told me that after that meeting, my bankruptcy will be filed with the court in about 7 to 10 days. So the first half of August 2009, I should be filed!!! Finally, NO MORE B.S. of "wishing to go bankrupt." It will finally be a REALITY!! This stuff has been dragging and dragging and dragging. I am tired of it. I just want to get on with my life. Neither of us can get day jobs because that will throw our income above the median. I don't want to do no Chapter 13. That SUCKS. I want a CLEAN slate.

                  One other thing... after reading his paperwork, the contract said, "Up to 25 creditors are included" for his $2,000 fee. When I submitted my paperwork listing all creditors and collection agencies, there is almost 70 people on the list!! The contract says "$300 for every 10 creditors above the 25". Man, this is going to suck. I may have to end up paying him over $1,000 more now to continue the bankruptcy. But if he can keep me in both cars until January or February 2010, or even later, this guy is WELL worth the money.

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                    #24
                    Sounds like you got yourself a good one there DM. I bet you don't even have to appear at your 341 meeting. Lucky you!
                    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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                      #25
                      [QUOTE=OhioFiler;296039]Sounds like you got yourself a good one there DM. I bet you don't even have to appear at your 341 meeting. Lucky you![/QUOTE]

                      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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                        #26
                        Do most people have to show up at the 341 meeting? The lawyer told me I only have to show up for those 4 questions to the judge where he asks my name and if I hired the attorney to represent me. After that, I'm done. They attorney does everything else. I don't have to show up unless I want to. I should probably go just because I am curious to see how it pans out. I have nothing else to do anyway. I'd love to see how bankruptcies work. I could watch reactions to other people in the court rooms for their 341's.

                        I want to see if bankruptcy is fun after all. I want to prove that it can be. I am tired of everyone being so negative and depressed when it's a time to celebrate. For me to be relieved of all of this crap will be like winning a $300,000 lotto.

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                          #27
                          Originally posted by debtmonster View Post
                          Do most people have to show up at the 341 meeting? The lawyer told me I only have to show up for those 4 questions to the judge where he asks my name and if I hired the attorney to represent me. After that, I'm done. They attorney does everything else. I don't have to show up unless I want to. I should probably go just because I am curious to see how it pans out. I have nothing else to do anyway. I'd love to see how bankruptcies work. I could watch reactions to other people in the court rooms for their 341's.

                          I want to see if bankruptcy is fun after all. I want to prove that it can be. I am tired of everyone being so negative and depressed when it's a time to celebrate. For me to be relieved of all of this crap will be like winning a $300,000 lotto.
                          HEY DM, good to see you in an up spirit. You have been missed. What a difference a good lawyer (rare I know) makes. Now the count down for your Victory dance. The hamsters are practicing just for you. 'Hub and Mrs.
                          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                          Comment


                            #28
                            Originally posted by debtmonster View Post
                            Do most people have to show up at the 341 meeting? The lawyer told me I only have to show up for those 4 questions to the judge where he asks my name and if I hired the attorney to represent me. After that, I'm done. They attorney does everything else. I don't have to show up unless I want to. I should probably go just because I am curious to see how it pans out. I have nothing else to do anyway. I'd love to see how bankruptcies work. I could watch reactions to other people in the court rooms for their 341's.

                            I want to see if bankruptcy is fun after all. I want to prove that it can be. I am tired of everyone being so negative and depressed when it's a time to celebrate. For me to be relieved of all of this crap will be like winning a $300,000 lotto.
                            For some reason I have a feeling say winning a lotto isnt gona give you any better judgement

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                              #29
                              Originally posted by landofpoor View Post
                              For some reason I have a feeling say winning a lotto isnt gona give you any better judgement
                              No, it will just feel like I won a lotto. Thats $300,000+ I legally won't have to pay back!!

                              Man, I can't wait until we can get this behind us.

                              Why don't we all have some kind of get-togethers on here? We should all have dinner parties to celebrate our bankruptcies. We could meet up the way people do on car clubs and stuff. That would make this more fun, plus people could talk with each other in person. Networking would be great fun.

                              For now, I just have to do some MAJOR sacrificing of stock piling cash for a new car. As soon as I file, I will need to put away at least $2,000/mo. I want to walk into a car dealer with no less than $12,000 to put down. If they won't finance me, then at least I can pay cash for a used car with less than 15,000 miles.

                              Comment


                                #30
                                Debtmonster - 341 hearing



                                How Chapter 7 Works
                                8th Paragraph

                                Between 20 and 40 days after the petition is filed, the case trustee (described below) will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator (5) schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the order for relief. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend
                                Last edited by LuciluS; 07-07-2009, 12:44 PM. Reason: Sorry OP - Meant to Start a New Post; but confusion set in when copying & pasting from the US Bankruptcy Courts website - SOR

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