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New With Questions - BK due to Divorce Attorney Fees

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    New With Questions - BK due to Divorce Attorney Fees

    I’m very new to this so I’ll give you the background information.
    I filed for divorce in 2006, attained an attorney and paid a $5000 retainer fee. It was agreed (verbally our mistake) that anything over and beyond the retainer would be paid with the funds when the home was sold. I was not named on the home, just my ex-husband, he quit making the payments on the home and it was eventually foreclosed on. We tried to sell but with the market it didn’t happen. He refused to refinance or work with us or the bank so we lost it.
    With that I have no means of paying my divorce attorney fees that total $15,000 above the retainer fee. I tried talking to the attorney but there is no reasoning with him. Half of those fees were incurred due to issues between my ex-husband and I about the home and him not paying. There is a $4500 judgment against my ex for “his portion of attorney fees incurred” . Now this debt has been assigned to a collection agency and they’re including his portion + interest. I don’t make very much money at all, I think after I pay my bills, car insurance, car payment, my sons tuition, and I pay a credit card that I use for gas only in full every month, I have about $300 left for groceries and such. I have about $2300 in a savings account at a credit union, also my sons savings which has about $2500, then there is my checking account which is virtually depleted by the end of every month.

    The collection agency has sent me court documents pertaining to a judgment, which leaves me no choice but to file for bankruptcy.
    I have no clue how BK works, what will happen to my savings accounts, I should get about $5600 tax return.
    I guess I just need some advice and direction. I know somebody that will file a BK for me, however she’s not an attorney.
    What do I do with my money? What about my taxes? I’m not behind on anything else, I have a small vehicle loan.

    #2
    If you are getting a $5600 tax refund, use some of it to hire an attorney to do the bankruptcy for you.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

    Comment


      #3
      That amount is an estimate, but my plan was to pay off my vehicle and pay ahead on tuition.

      Comment


        #4
        Well, I've just seen so many bankruptcies gone wrong when people try to have a non-attorney "friend" do it for them. They end up spending twice as much to get the mess straigtened out as they would have had they just paid an attorney.

        What will you do if this attorney decides to challenge the dischargeability of your debt to him?
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

        Comment


          #5
          A $20,000 dollar divorce?

          Wow! That must have been some divorce. Listen to what MSbklawyer has said. That's some good advice.

          Good luck to you.
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment


            #6
            Originally posted by frogger View Post
            A $20,000 dollar divorce?

            Wow! That must have been some divorce. Listen to what MSbklawyer has said. That's some good advice.

            Good luck to you.
            Amazing right?? We ask before hand how often a divorce goes over the retainer and he said not often. The attorney is also a judge if that matters, IDK. I'm a 27 year old single Mom, how in the world does he expect me to pay that after I shelled out $5000 already? I don't know for sure that I'm getting that amount back on my taxes but I really don't want to hire another attorney. I'm skeptical. The person I have in mind has done numerous BK's, she's also my tax accountant.

            Comment


              #7
              If you can laugh about it, let me ask you a question:

              Q: Do you know why divorces are so expensive?

              A: Because they're worth it!

              Once again, good luck. We're here to try to help you.
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

              Comment


                #8
                Originally posted by frogger View Post
                If you can laugh about it, let me ask you a question:

                Q: Do you know why divorces are so expensive?
                Because the people are so bitter towards each other. The will literally spend thousands and thousands of dollars fighting over who gets an old couch or some pots and pans.
                Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

                Comment


                  #9
                  Originally posted by MSbklawyer View Post
                  Because the people are so bitter towards each other. The will literally spend thousands and thousands of dollars fighting over who gets an old couch or some pots and pans.
                  And we all know who wins when that happens don't we my friend?
                  All information contained in this post is for informational and amusement purposes only.
                  Bankruptcy is a process, not an event.......

                  Comment


                    #10
                    Originally posted by MSbklawyer View Post
                    Because the people are so bitter towards each other. The will literally spend thousands and thousands of dollars fighting over who gets...some pots and pans.
                    If that pot is the first one she ever smacked him over the head with it might have some significant sentimental value to the wife worth fighting over.
                    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


                      #11
                      Originally posted by frogger View Post
                      And we all know who wins when that happens don't we my friend?
                      The lawyers win, that's who. Everybody else loses.
                      Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

                      Comment


                        #12
                        Originally posted by MSbklawyer View Post
                        The lawyers win, that's who. Everybody else loses.
                        Not if he extended $15,000 of credit in the hopes once the property was sold he would collect and then finds out there is nothing left for him. Then it's a lose-lose-lose.
                        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


                          #13
                          Would it be worth it for me to file chapter 7, or am I cooked?

                          Comment

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