To fight or not to fight...what do u think?

[Kingxray]

Hi:

If you recall we filed BK not because of cc's but because my dad sued us, put a lien on the house we promised to pay him back with and then tried to garnish hubby's wages.

We dismissed our first BK filing cuz my dad's lawyer caused grief at our 341 and the UST got involved and filed a 707 "presumption of abuse" and then settled with our lawyer by telling him to redo our numbers and refile, which we did.

Sure enough, my dad's lawyer shows up to the latest 341, ugh. The panel trustee wants more info and for the the lawyer to amend some of our schedules, some of which I can supply, some I can't, so he continues the 341 to another venue on another date and says "If I'm satisfied no one has to show up.", sure.

Met with our lawyer yesterday and he is pretty much saying F-U to the panel trustee and doesn't want to change anything or give him anything but does agree to give my dad's lawyer the stuff he requested. I'm like wow! So we went over our options in the event the UST gets involved. As of yet no word from the UST but our lawyer guarantees that my dad's lawyer will contact the UST and try to get them involved since he has no basis for a creditor objection.

If the UST does get involved our options are fight it in court or go C13 (5 yr). The C13 payments would be so low that it would be a moot point. Our lawyer wants to fight it and says he will not charge much more money for it, cuz he thinks we will win. Even though we aren't at that point yet, we are trying to decide which way is easier to get on with our life and get my dad finally out of ours (its been 3 years now). What would you do?

Got a letter

[keepmine]

You've gone this far-I'd stay the Chapter 7 course. The 13 option is always there if you need to convert.

[goingcrzy]

I would fight. Seems that if Dad's lawyer is giving you a hard time now, he will give you a hard time when you present your chap 13 payback plan.

While emotionally it seems like a huge battle, it probably won't take too much more of your time to fight this.

Good Luck!

[Kingxray]

Good point, thanks. Hopefully it won't come that.

[Amy26]

Sorry to hear you are going through this... I can't imagine how it would feel to have your own family sueing you.

I would fight too.

Good luck and keep us posted.

[LuciluS]

Yes What a Shame a family member gets involved. So Sorry.

IF you Attorney is willing to fight it without charging you anymore fees..I would heed the advice of your Attorney.

[OhioFiler]

I'd do whatever I could to make sure "Dad" has to pay his attorney lots of money after you are discharged in your C7!

[killinstinct]

Wow your 'father' sounds like a real piece of work. I'm so sorry you're having to go through this. I say fight.

[liz417]

You have an attorney that sounds willing to fight, I would fight it and go for a ch 7. You can a always convert to a ch 13 if needed.

Good Luck to you...

[Kingxray]

Thanks all for your support. Yes, my dad is a real piece of work, quite ruthless actually. Thanks again.

[whipster1]

A zero percent chapter 13 would be sweet revenge for Pops. Just think of all the violations of stay that he would commit during that time...your attorney might be out looking at new boats if he isn't around the office these days

[HHM]

Stay the course, if your attorney thinks he can fight and win, go for it. You don't have anything to loose.

[LuciluS]

A zero percent chapter 13 would be sweet revenge for Pops. Just think of all the violations of stay that he would commit during that time...your attorney might be out looking at new boats if he isn't around the office these days

ROFLOL! You are probably right! I'm sure their Attorney is ready, will and able for a legal battle with good Ole Pops!

[music12]

what on earth is a father doing suing his own children.

your lawyer is probably right - your father would lose this fight. if you can end it in one shot (ch 7) rather than 3-5 years, then do it.

[shabam]

Fight it.

Gezz with family like that, who needs enemies. My kids could stab me and I still wouldn't sue them, not that they would but they could.

I do not know if you have answered this but out of curiosity, what the hell is your father's problem?