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Finally Paperwork complete & dropped off at Attorney's office

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    Finally Paperwork complete & dropped off at Attorney's office

    Maybe, it's just my Attorney, but his list of questions were over 18 pages long. When we met with him, late last Sept. I came home & separated his pages of questions.

    Needless to say, the last 4 nights I've have had no more than 3 hours of sleep. Last night, I went to bed at 10 pm, but read for about 30 minutes. Our shih tzu wakes me up at 1:15 am needed to go outside and potty. By then, I was awake and trying to cut some Budget Expenses (explained later) His questions, on the part I separated were full of information I had to hunt for.

    He wanted a copy of every bought/sold house from day one. Hubby and I got married in 4/03, and have bought 3 houses. I had to go digging for the
    'Settlement Pages' for the 2 houses we sold. On paper, it look's odd. We bought our first home on 5/29/03 in IN & moved into a brand new home on 10/20/04 in AR. However, the couple who were pre-qualified (not pre-approved...learned the difference the hard way), the husband was a Union Electrician and they are laid off usually around the 1st of Oct. until Feb/March 2004. So we ended up renting to them until their loan came through & we flew up to Indiana to sign the papers on 4/4/07.

    The second house we bought & moved into on 12/29/07. We had made a contingent offer twp days after they listed the home & seller's had a full price offer 8 days later. Our Mortgage Co. had said we could buy a home up to $250,000 (Yeah right!). So the 2nd home sat vacant until we closed on it on on 4/4/08. We had to make only 2 months worth of mortgages on both homes before we closed. An Extra $2,850 including the utiities on the old home.

    Then he asked if we had closed any bank or financial accounts in the last year. OMG! I couldn't think straight on this question. Finally figured out I depleted a 401k plan in 2/09 (reason we had to wait to file) & it was closed in March. Dh switched his retirement account from one Agent with Allied Investments who over a 6 yr. period, he had lost about $30,000. He signed with an agent for Edward Jones on 4/10/09 and already has made 75% of his money back he lost. But, finding the paperwork on these transactions took me forever to find.

    Another question was has anyone been involved in a Lawsuit in the last year. Well, I wasn't quite sure on this question, because Yes, I had a lawsuit against the driver who rear ended us on 3/15/04 which ended by business career as an Accountant & was deemed 100% disabled. (Filing disability on your own is a Joke!..another story) Knowing we needed to get our BK filed Soon as we haven't paid on most CCs' since late 9/08, I called my Attorney in 1/09 as court case was scheduled for 2/6/09 & was about 70 miles (2nd home we bought) to the Courthouse.

    We settled on 2/1/09 and I got a whopping $5,000. Supposedly in AR the minimum medical liability requirement on a vehicle is $25,000. Thank Goodness, our Insurance Company, paid the first $5,000 (& yes, when I found this out I immediately changed our auto insurance medical liabilities to $300,000 and I think our yearly payment increase was less than $100 for both vehicles. Got the check in February. Deposited the $5,000 check, turned around and paid a final CC - Care Credit $4,664.00 for dental work I needed in 12/08 & 1/09. Also, spring on garage door was broken. So could account for those monies received even thought it was not in the 6 mth. look back period for income - 3/09-8/09.

    We had quite a few medical bills I had to list as we just haven't had the money to pay them. In the mail, late yesterday afternnon & after I dropped off a large box to the Attorney, I got a collection notice on a Hospital Bill. Didn't have the collection agency listed as I thought the hospital still had it.I think I'm going to make a folder of 'Additions to BK Petition' & wait until around the 15th and fax them to the Attorny.

    Remember he was the Attorney who wanted a Detailed Accounting of Dh's payroll checks from the Trucking Company he works with. The lady who handles such at the company put in an incorrect copy with Dh's paycheck on 8/26/09. It didn't include the last paycheck of 8/26/09! So, then Dh calls her back & asks her to refax including the 8/26/09 paycheck. She faxed to Me and our Attorney a Detailed Accounting of ALL paychecks for 2009 & both Statements showed Year-To-Date total, even the first one which was from 3/09-8/21/09. I gave up on her. I was keeping a detailed list on Excel of Dh's payroll checks anyway. So I just updated it, copied every weekly paycheck for the six months and sent that to the Attorney.

    I cut some of budget figures because we were so far in the whole. Our medical expenses were $1,062.47 a month. I changed the upkeep on both of our vehicles down to $195.34 & that doesn't include the $200 a mth. I'm entitled to use on 99 Toyota Van paid off.

    So bottom line is we are in the hole ($,2336.78) a month or if we used just Dh's gross income & not deduct his taxes we are on the hole (1,702.33) a month. When I talked to our Attorney's NEW (on the job 3 weeks) Paralegal late last month, she told me our Attorney was booked up until 9/25/09. I asked how that could be as he only files BK on the last business day of the month & requires ALL paperowork (included last day of bank statement), she said most were on fixed income. I forgot about the bank statement or I would have drilled her even more.

    Now to top everything off Dh got a speeding ticket in the big truck yesterday in Georgetown, TN. First ticket in 16 yrs of OTR Truck Driver. His cell phone is on it's last leg, so he called & ordered another one with a reactivation fee of $18.95 one time only on next month's bill (Whew!). He also had 2 fillings in his teeth come out & he is already maxed on Dental which is $1,000. Got an appointment in two weeks. Hope it get's fixed, but also hoping 1 or both of them were filled by him, as there will be No Charge.

    My bottom front teeth are getting infected due to the meds I take. 3 of them are not white, they are dark brown. Nothing can be done to them as the meds have eaten the enamel off. The dentist had told me in Jan. it would be a matter of months before all 4 back teeth would need to be pulled or capped (to the tune of $860 a month..I think not). In May, I had oral surgery for 1 back top and 1 back bottom tooth to be pulled. Surgeon really wanted me to wait until the next day, as he wanted to put me out. Nope, I said pull em NOW! Plus, I need bladder surgery (scheduled for 12/08 but I chickened out) as it is getting worse. My twin sis has breast cancer which runs rampant on our birthmom's side of the family. Sis is meeting with Plastic Surgeon today & the he and our Oncologist will set up an Operating appointment for a double mascectomy & reconstructive surgery. Oncologist told me, depending on how things go with sis' operation, I may have the BRAC gene blood test for breast cancer - $3,500, but she said Medicare would pay all of it. Thank goodness, one of the policies hubby took when he went back to driving in 9/05, was to buy cancer policies for both of us.

    I guess I should be relieved as I Finally completed all his forms. I even had 3/09 - 8/09 expenses on an Excel Sheet & attached EVERY receipt for the month including those small receipts they give at the Truck Stops to Dh. But I'm not relieved...I'm frightened we could lose our home due to the monthly negative loss. We live in a wonderful very small town of 2,400 population. Our brick house has 3 bdrms. & 2 bths with sq.footage of 1340 & payments of $925.16 which includes a decreasing accidental death policy on either one of us. It was only $22 extra a month.

    We are making a truck payment - $437.98 a mth. on Dh's 2006 Dodge Dakota. I know what everybody is going to say - give back the truck! Easier said than done. We've lived without Credit Cards since late last Sept. & have not been able to save any money. So if we give back the truck, I would have to drive Dh to work on early Sun. Morning 80 miles round trip & do it again on either Fri. night or Sat. morning of the next week. I'm disabled & night blind. It's hard enough for me to drive the monthly 50 miles round trip to see my Pain Managment Doctor as I have to miss my morning and noon meds as I will not drive if I've taken morphine.

    Dh does the grocery shopping & has been buying the Store Brand....Wal-Mart has Great Value. I'm able to go to the Dollar General in our town and get their brand (Clover Valley) of Coffee, Graham Crackers & cookies. I'm not physically able to cook most of the time. While Dh is working I usually drink a whole pot of coffee, eat 1 Graham Cracker in the morning & for dinner 3 Low Fat cookies. At one time, Dh was buying me fat free flavored yogurt, but it was going up in price.

    Yes, we usually eat out one weekend night as Dh has traveled 3,000 & most days I'm not physically able to cook a meal. When I'm up to cooking (about or 2 times a month), Dh buys all different kinds of turkey, fish and some chicken & all canned food without Salt. That stuff is expensive compared to ground beef, but Dh cannot eat it. Once a month, he can have a Sirloin Steak. He bought some 2 weeks ago, marinated them in Fat Free Italian Dressing for 6 hours, cooked them on the grill & they were tough Dh is 6'6" tall & a size 16 shoe - takes a lot of food for him. Plus, he doesn't eat red meat or pork due to bypass surgery in 2/07. All of our dining out is under $25.00 with 90% of them being less than $20 a meal.

    Our home has an Alarm & Security System as I'm not as comfortable when Dh is working overnight (which he has done for the last 4 years). We lived in an Apt. for 4 mths. in IN in a downstairs apt. We had construction workers above us. I swear at 4 am it sounded like they were bowling. Dh said it was their steel boots. I'm just not comfortable in an apt. And I don't believe we could rent a house for less than $900 a month that would allow an inside dog (shih tzu). Plus we'd lose the interest & real estate taxes on our tax returns. We are Current on the Truck and Mortgage payment.

    The Trustee can't force us to move if we are current on the Mortgage payment? Does he have the legal authority to require us to sell Dh's truck, again, we are current on payments?

    Opinions? Constructive Criticism I can handle. Just remember, we haven't used our credit cards in over a year now. It's been cash, Check or Debit Card Only...all come directly out of bank account. I might be able to reduce our medical expense & when either of us need medical help, we will cross that bridge when we come to it.

    Luci

    #2
    Your case has a lot of details, no wonder your attorney wanted so much info.

    The BK trustee is looking for assets, so every transaction that involves a large asset like property is scrutinized. Same for accounts.

    I cut some of budget figures because we were so far in the whole.

    Do not cut down your expense numbers for the attorney's sake. Your attorney needs to know TRUE numbers, not numbers to make things "look better"...your attorney does not need to be impressed, he needs actual numbers.

    Never ask the legal assistant for an answer of a legal nature. If you need a legal answer ask the assistant to pass to question to the attorney or speak to the attorney directly.

    BTW: I also live below some construction workers, those steel-toe boots sound like bowling balls hitting the floor for sure!
    7-2-2009 Filed
    8-28-09 341 Concluded, no assets
    10-28-09 DISCHARGED/CLOSED!!!!

    Comment


      #3
      Luci, take a deeeeeeep breath ... and let it out

      You have a lot on your plate right now, but it sounds like you have it all under control !! Start the count down to your fresh start... and think about how good it will feel when it's all said and done...

      As far as your dh's truck goes... keep it. Sounds like you really need it and honestly the payment is not that bad. Is it financed thru Chrysler Financial? We surrendered our 07 Durango leased thru Chrysler... the payment was $600/mo tho (we rolled neg. equity from trade in into lease). Had the payment been no more then $450 we probably would have finished out the lease (1 yr left) because it was still like new with under 18K miles on it (I miss it but don't miss the payment). Anyway, I read on here that chrysler is not allowing ride thru's so most likely you will be left to reaffirm

      My dh is a Union Construction Foreman so I know all about the "must be working & not on winter lay-off at time of closing" thing. We faced the same dilemma when we closed on our home in Feb. 07... thankfully dh was called back to work just in time & everything went off without a hitch :=)

      Are you saying you only received $5,000 for your pain/suffering & permanent disability???? Plz tell me I'm reading that wrong Myself and my two oldest children were involved in an auto accident in 2001. A guy ran a stop sign and we t-boned him (thankfully he didn't hit us as he was going very fast down a back road in country). My son (6 yrs old at the time) stayed the night in the hospital for observation, but other then the normal bruises and a burn on my lip from the air bag, we were all okay. Anyway, the insurance company (Pekin) ended up settling with me. My son alone received $7500 (this was ofcourse on top of his medical bills); my daughter $2500 and I think I received about the same amount plus my car was totalled so they paid it off plus gave me cash to cover equity I had in it..plus lost wages,etc. In the end it wasn't a huge settlement but very fair considering no one was seriously hurt. I just cannot imagine only receiving $5K for an injury that caused you to become 100% disabled

      I posted last week about a car accident my dh, myself, and youngest child was in last month. None of us were seriously hurt, but I can tell you I have no intention of settling for next to nothing. The other persons insurance co (state farm) has already accepted full responsibility. Dh and I are still receiving chiropractic care (6-8 weeks more) and State Farm has said for us to contact them when we are ready to settle. I was told by Pekin Insurance during that last accident that the usual amount of settlement is 3x's what the medical bills are (and that's also what I read online) so we don't plan on settling for any less (or atleast not much less!). We're in no hurry.
      Filed 8/2009
      Discharged & Closed 11/2009
      Now the rebuilding begins....

      Comment


        #4
        Whipster: I gave my Attorney monthly spreadsheets for the last 12 months with exact figures on them. As hubby is an OTR Truck Driver he has a lot of expenses.

        The pages he gave us are given to all his clients. I had to go back to day one on each credit card and list date opened & any charges over $600 or Balance Transfers.

        As my husband says, I did all his work. We only had 2 Attorney's to pick from to the closest city & he was the best, but charged more. We are paying $1,300 which includes filing fees, attending 341 & 2 reaffirmations.

        Yes, we did move a lot, but never made a profit on any house & have statements to prove that. I'm not too worried about the buying of 3 homes & selling 2 homes. I'm more worried about the big negative disposable income. If it wasn't for receiving the $5,000 settlement & getting back about $4,000 in tax refunds, we wouldn't have been able to pay the house payment or the car payment.

        I talked my PM Doctor into taking me off of Lyrica which was costing me $34 & back on Neurontin which is $4.00 a mth. Dh cannot reduce the price of his prescriptions as he is a cardiac patient (5 bypass surgery 2/07 & pacemaker 6/07) & only has 1 kidney. Every 6 months he get's cellulitis from where they stripped the vein in his leg for the heart surgery. His PCP ordered a compression stocking he wears every day. April he spent a week in the hospital & was off work most of April...no pay for 3 1/2 weeks.

        Yes, Mom, you read it write...I settled for $5,000 on the recommendation of my Attorney whose Law Offices are on the TV everyday advertising. Think I was given false info regarding the driver's medical liability, but at that time, all I could think about was I need that suit closed, so I could get on with filing BK. He also told me if we didn't settle & we filed BK, the Trustee would have to approve him for the lawsuit as I was using a different Attorney for BK.

        We quit paying most of our CC's in late Sept. of last year and I'm worried we are going to get sued before we get BK filed. Bk Attorney is not worried about it..says for $60 he can file something in Court to delay a law suit.

        I'm just tired of dealing with this BK & my twin sister has her appt. with the plastic surgeon today. She found out 4 weeks ago she has breast cancer & will be having a double mascectomy when our Oncologist & plastic surgeon set the surgery date.

        Comment


          #5
          I wouldn't have been able to sleep either if I had to type a 5,000 word essay on these forums!

          I'll bet your paperwork was in immaculate order.
          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

          Comment


            #6
            The more I read these forums the more sympathy I have for people and the more my situation doesnt seem so bad
            .

            Comment


              #7
              I'm sure everything will be perfectly fine with your BK, LuciluS. You're incredibly detail-oriented. Sorry about all of your other drama!!
              Filed Chapter 7 08/06/09, unsecured debt of $109,000
              341 Meeting 09/09/09
              Discharged 11/12/09
              Closed 12/14/09

              Comment


                #8
                Luci,

                I'm proud of you for doing all of that work. You gave a detailed accounting of everything and now it is time for you to relax and let your lawyer do the rest.

                3 cheers for LuciLu!

                Comment


                  #9
                  Luci,

                  Be grateful you don't live in Nevada. The minimum liability limits here are $15,000.00. I work in a personal injury law firm and unfortunately we have clients all the time in your exact situation where their bills far exceed the insurance available. Did you have Underinsured motorist benefits?

                  Good luck on your filing. It sounds like you are well prepared on your end.
                  Filed: July 31, 2009
                  341: September 4, 2009
                  60 days: November 3, 2009
                  DISCHARGED!: November 6, 2009

                  Comment


                    #10
                    Originally posted by bkmaggster View Post
                    Luci,

                    I'm proud of you for doing all of that work. You gave a detailed accounting of everything and now it is time for you to relax and let your lawyer do the rest.

                    3 cheers for LuciLu!
                    Amen!

                    It's funny, I'm the same way. I have a HUGE stack of paperwork/files for our 341. My wife thinks I'm crazy. 'You pay the lawyer to do the worrying for you'. She's right, I know, but it's tough.

                    Hang in there Luci! Better times ahead...
                    Filed Chapter 7 08/06/09, unsecured debt of $109,000
                    341 Meeting 09/09/09
                    Discharged 11/12/09
                    Closed 12/14/09

                    Comment


                      #11
                      Hey Luci, one big....huge.....enormous step down! Be excited that the first phase of this thing is over. It's a small win, but a win none the less!!!!
                      New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

                      Comment

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