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told we have to delay filing....any advice would be great...atty is mia

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    told we have to delay filing....any advice would be great...atty is mia

    Okay so my lawyer was going to file our case 10/1 but now it looks like we have to postpone it. I am really discouraged with this lawyer. Prior to taking our money he was very helpful, promptly returning phone calls etc. Now after he had us sign a contract and pay him the entire balance owed 1100.00 it has been two days and he hasn't returned our phone calls. The last thing we heard from him is that due to a student loan refund check he says we need to wait. I should mention that he knew in advance that I was getting this check refund, amount 6500. He initially said it won't be a problem. Now he says it is and that we have to wait to file but isn't telling us when we can/should file. Or what we can/can't spend the money on.

    We rent our house so no repairs needed. We are most likely going to have to surrender one of our cars to the trustee and buy back our other car. We own both outright--one is a 2001 and one is a 2002. Not in the best shape but. we are expecting a baby in March. We were hoping to spend the money on newborn supplies (diapers, crib, dresser etc) as well as auto repairs (but knowing that both our cars are up for grabs we don't want to dump a bunch of money in them until we are in the clear). We will need the money for living expenses when the baby is born as well.

    The 6500 check was a check and we cashed it. So there is no money funneling through our bank. Any suggestions? Based on your experience and expertise how long is best to wait to file. We would really love to have this all behind us before our baby is born, but understand if we need to wait.

    We get that the trustee here ask for 90 days/3 months of bank statements. But we are wondering how you report your 6 months of income. I mean would we have to specifiy where all funds have come from for 6 months or just give them the grand total.

    I am so annoyed. We hired a lawyer for peace of mind but it looks like we should have stayed pro se. Any help???

    #2
    I am not sure what you are blaming your attorney for...in one sense, he is correct, the refund is not a problem, so long as you spend it before you file. Also, 48 hours is not an unreasonable amount of time for a return phone call. Sounds like he is trying to file your case at a time when it would be in your best interest to do so, (after you receive the benefit of the refund).

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      #3
      about the cars...

      you might want to consider trading one (or both) of the cars in for something newer that you have a payment on so that it won't be taken and you'll have something reliable (that hopefully wont' require repairs) for taking the new baby around. :-)

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        #4
        HHM-- lol yes you are right 48 hours isn't bad but he had groomed us with much faster responses--so I guess we aren't used to this with him. Not to mention he promised he would call Friday so that he could advise us about this loan....but never did call.

        I know if we spend the money before we file it wouldn't be a problem, but we really hoped to have some of it left for when the baby arrives. Or to pay renta few months ahead (which I am told we can't do).

        I do not want it to look like we went on a shopping spree before filing, ya know what I mean.

        TDAWG-yes we thought about trading at least one car. But our credit is shot...I mean just shot. I am pretty confident we wouldn't get approved for a car loan. Also, I have heard that buying a car shortly before you file isn't a good thing and the trustee could undo it.

        We would really love to have this stress off of us by the time the baby is born though. ugh

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          #5
          from what I've read here (and what my attorney told me), if you are planning on keeping the car and your need it, then it shouldn't matter if you trade your cars in for a new (or newer at least) car a day before you file. It's only if you rack up credit that you don't intend to pay back, then it is fraudulent.

          I think you could make the argument for you needing a newer car pretty easily (if anyone asks). Just my humble opinion though. :-)

          Good luck with the bankruptcy, the rest of the pregnancy, and the new baby!

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