I met with a second BK attorney face-to-face today. He is an axshole, but that is beside the point. I need to have an attorney who is savy with Ch7 procedures concerning back-to-back Ch 7 filings. That's not him, but I did pick up some useful inforomation. It feels like I am beating a dead horse, but honestly there is a lot misinformation and lack of knowledge among our BK attorneys out here in Oregon.
All statutes that I have read indicate that it's filing date to filing date. However, if the judge decides to legislate from the bench, as someone here put it, I am screwed. The attorney I met with today is concerned that might happen. Moreover, he really thinks I need a plan to keep creditors at bay until I file in April. I put that issue in the collections forum.
My other issue is as follows. After berating me for being too smart to be so stupid and being in over my head with my car loan and 2nd mortgage
this last attorney advised that I try to keep my house and go forward with a ch 7 filing. Sidenote: he doesn't know what date to use to file, and I am stupid 
Here's what I gleaned from him. US Bank might be willing to negotiate the interest rate on my second mortgage down if they know I am willing to file bk and foreclose on the home. The 2nd mortgage is at 8% (not my best idea, yes. saying it out loud to a prospective client... hmmm.) Right now, I can't afford the $435 payment. If, by some miracle, I were to negotiate a lower interest rate or extend the life of the loan (is that Stupid, Part II?) could that put me into a Chapter 13? One thing all attorneys agree is that I can pull off a ch. 7 right now, but it's tight. Is anyone willing to look at my expenses/income objectively?
I plan on retaining the first attorney that I interviewed at the end of October when I have some money to do so. I suppose, I could do it sooner if pressed. But, then I really fall behind on the mortgage and have to play catch up if I intend to try to keep my house.
Like I said, walking away from my home is fine as my mortgages are too high. But, if the payments were even a hundred dollars lower, I would stay for my young daughter's sake. Chapter 13 is not where I would ever willingly go, only if forced by trustee.
If I file based on filing date, per number one attorney, I can file April 1.
Opinions? Options? Help...
All statutes that I have read indicate that it's filing date to filing date. However, if the judge decides to legislate from the bench, as someone here put it, I am screwed. The attorney I met with today is concerned that might happen. Moreover, he really thinks I need a plan to keep creditors at bay until I file in April. I put that issue in the collections forum.
My other issue is as follows. After berating me for being too smart to be so stupid and being in over my head with my car loan and 2nd mortgage
this last attorney advised that I try to keep my house and go forward with a ch 7 filing. Sidenote: he doesn't know what date to use to file, and I am stupid Here's what I gleaned from him. US Bank might be willing to negotiate the interest rate on my second mortgage down if they know I am willing to file bk and foreclose on the home. The 2nd mortgage is at 8% (not my best idea, yes. saying it out loud to a prospective client... hmmm.) Right now, I can't afford the $435 payment. If, by some miracle, I were to negotiate a lower interest rate or extend the life of the loan (is that Stupid, Part II?) could that put me into a Chapter 13? One thing all attorneys agree is that I can pull off a ch. 7 right now, but it's tight. Is anyone willing to look at my expenses/income objectively?
I plan on retaining the first attorney that I interviewed at the end of October when I have some money to do so. I suppose, I could do it sooner if pressed. But, then I really fall behind on the mortgage and have to play catch up if I intend to try to keep my house.
Like I said, walking away from my home is fine as my mortgages are too high. But, if the payments were even a hundred dollars lower, I would stay for my young daughter's sake. Chapter 13 is not where I would ever willingly go, only if forced by trustee.
If I file based on filing date, per number one attorney, I can file April 1.
Opinions? Options? Help...
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