Please Help!!

[AngelinaCat]

We paid my spouses CC bills. Since we are married aren't we one?
We also used the left over monies to make martagage payments.

Not necessarily. You have NOT told us a lot of information we need to know in order to proceed further. i.e:

1. Who filed BK? You or your wife? Or both?

2. What state are you living in?

3. What is the actual date of filing?

4. Have your had your 341 meeting yet? If so, what was the outcome?

5. How close to the date of filing did this transfer to Spouse happen?

Without knowing these specific things, we are at a loss--except it seems that the more that forum members ask and speculate about your situation, the more you let slip as you are swimming around in the barrel.

What else is out there that hasn't been disclosed?

[lostcase]

My spouse has already filed for bk a few months back. Can we still file jointly? Would this effect the current cas in any way?

[TEW]

Is there any way this case can be dismissed?? My atty is saying that he can send a motion for withdrawl or dismiss and the case will be dismissed from the judge's approval and he is very sure the judge will approve it. Is this true? Help would be appreciated very much.

From what I've read here that isn't likely to happen.
Something that's making me wonder. You took 80k out of that house that you gave to your wife. Now you have to file BK ? Am i missing something?

[TEW]

Not necessarily. You have NOT told us a lot of information we need to know in order to proceed further. i.e:

1. Who filed BK? You or your wife? Or both?

2. What state are you living in?

3. What is the actual date of filing?

4. Have your had your 341 meeting yet? If so, what was the outcome?

5. How close to the date of filing did this transfer to Spouse happen?

Without knowing these specific things, we are at a loss--except it seems that the more that forum members ask and speculate about your situation, the more you let slip as you are swimming around in the barrel.

What else is out there that hasn't been disclosed?

Great Questions Mrs Cat

[AngelinaCatHub]

I have a lost case. My atty took me to file chapter 7. I transfered house 1 year 11 months ago. Now my atty wants to withdraw the case, after making a settlement with a creditor outside of the bankruptcy court. NOW THE TT IS PISSEDD!! TT wants the transfer reversed. Where do I stand??

OK, I'm interested. This is the OP's first post. Originally I blamed the liar, err Lawyer as being at fault. Now I see the tale has unraveled several times with some strange transfers.

I am not sure, until I get my law degree, that I cannot side with the original lawyer!!!

This odyssey, is rank with Ides of Fraud, or severe errors. This is only my opinion, and nothing more. 'Hub

[lostcase]

1. I filed for the BK

2. New York

3. Filing Date Nov. 11, 2008

4. 341 has been held a few times. TT said its a fraud case. the next 341 was with the TT attorney's but by that time my Atty already settled one of the creditor who came to the 341 outside of bk court and I paid for it. Now at the last 341 TT was very mad. TT asked for the docs of the transfer of the real property.

5. Property transfer date Nov. 20, 2006

I'm very new to this, I hope all this helps to understand my case better.
Thanks
Agelina

[AngelinaCatHub]

1. I filed for the BK

2. New York

3. Filing Date Nov. 11, 2008

4. 341 has been held a few times. A FEW TIMES? What did your lawyer say at this first 341 failure?? TT said its a fraud case. From what you have stated, I would too. the next 341 was with the TT attorney's but by that time my Atty already settled one of the creditors who came to the 341 outside of bk court and I paid for it. Not enough info to remark. Now at the last 341 TT was very mad. TT asked for the docs of the transfer of the real property. AAANNNDDD, that is a surprise?

5. Property transfer date Nov. 20, 2006

I'm very new to this, I hope all this helps to understand my case better.
Thanks
Agelina

The real secret to a successful BK, is: total honesty. Were you forthright with your lawyer? Did you tell him everything? Your monetary losses are not exagerated, from what I have read here, from others far worse off.

This gives me the feeling that things were not done in an appropriate way. I'm not blaming anyone for ignorance as we were among the most ignorant. We did everything wrong only because we were ignorant. We did not get bit as it was apparant we were not informed people. We had a most uniformative and useless attorney other than being able to post paperwork to PACER.

However, moving stuff around for a buck and transfers should have been told to the lawyer who does know. Either he found out too late and after the fact, or was not informed of the intention to do whatever. I wish you well friend. 'Hub

[hereforinfo]

My spouse has already filed for bk a few months back. Can we still file jointly? Would this effect the current cas in any way?

Whoa. Is she currently in bankruptcy or has she been discharged? Why didn't the two of you just file jointly to begin with? She paid off $80k worth of credit cards and still had to file bankruptcy shortly after? What kind of debt did the lawyer settle on for you? How much was it?

There is definitely more to this story and unless you can give us more details it's hard to help you.

[lostcase]

I filed for BK and nothing has been discharged i have to take the property transfer docs in 2 weeks. But the TT is suing my wife for the 80k. or the property. we really dont make much money and the 80k which we took in 06 30k. was to pay some of her debt. and the rest was to make mortgage payments. i couldnt make my CC payments spoke to my atty and he said to file BK and it wouldnt effect anything even after disclosing all the info. about transfers. I think he screwed us up very badly. We are trying to fraud anyone but we are just caught up in this mess now.

[hereforinfo]

I still don't understand. Why was it necessary to transfer the house to your wife to get the equity out? Was the house in your name only at the time? Was there a mortgage? You transferred it to her in order for her to refinance it in her name only and take out the cash? Then you immediately had to use $50k of that to make the payments on the mortgage she just took out? How did she qualify for a mortgage if she didn't immediately have the income to make the payments?

We really need more details. Can you answer the following?

How much debt do you have?
How much debt does she have?
How much is the house worth?
What is your income?
What is your wife's income?
Have either of you had a job loss or reduction in your income?
When did she file bankruptcy?
Is hers discharged?
When did you file bankruptcy?

[AngelinaCat]

3. Filing Date Nov. 11, 2008

4. 341 has been held a few times. TT said its a fraud case. the next 341 was with the TT attorney's but by that time my Atty already settled one of the creditor who came to the 341 outside of bk court and I paid for it. Now at the last 341 TT was very mad. TT asked for the docs of the transfer of the real property.

No one has a 341 "a few times". It can be continued for any number of reasons--that you just do not want to mess with. Ask Lajazz947.

All right. You have more issues at play than you want to admit to. I have another tab open and I have seen your latest post, so this one is stale.

BUT

MY FIRM ADVICE:

Go to bed with your wife and have a good night's sleep.

Get up in the morning and decide that you will tell:

(1) YOU and YOUR WIFE sit down with each other and tell each other whichever truth you are trying to foist upon your poor attorney. And it should be the ACTUAL truth.

(2) Take your attorney's advice and let him dismiss the case. If what I am suspecting is true, i.e. fraud, He should have dropped you like a hot rock long ago.

(3) Otherwise, forge on. When did DW file BK? What was included? Answer all the questions for that I posed to you earlier.

(4) When did you and DW marry? How long before or after either of you filed for BK did this event occur?

(5) Where is your Marriage License? Is it in your BK papers? Should you think this little document irrelevant, it was pertinent to getting our case Discharged.

That is it for tonight as far as I am concerned. I am going to bed.

[lostcase]

Can The chapter 7 BK be Dismissed?

[lostcase]

can anyone from NY recommend a good BK ATTY.

I'm in NY.