Lawyer still doesn't think we should file...wdyt?

[hormonal]

My lawyer is not a primarily BK lawyer and he seems to think that the best course of action is to go to court and settle each of our debts individually as we are sued. I think this is ridiculous. As of right now, we have less than $2k/month in income for a family of four to live on. There is no extra money to settle these debts. He seems to think stringing things out 2-3 years in court is a better option and will keep BK off our financial record. Well, we are already in default on most of cards and on our car. We have well over $45k in unsecured debt and then about $60k in student loan debt and only make about $25k/year with my husband having to take a job that pays much less after being laid off. Hopefully, my husband will get a promotion soon but that still leaves us at only $35k a year in his field.

He seems to think we could settle the one debt for Citibank and since none of the others are suing, we will be fine for a while. Does this sound dumb to you, because I don't think it's realistic that after a year of not being able to pay CC payments, we will be able to catch up or be able to scrounge up the money every couple of months to settle in court.

And for what it's worth, when we did credit counseling the lawyer we saw said hands down we were making the right decision for us. He said he wouldn't even advise us to take another course of action.

[mama2three]

Find a new lawyer. Settling the debts you guys could still end up owing taxes on the forgiven debt, unless you can get an exemption.

Sounds like BK may be your best option, either way you are going to have messed up credit.

[hormonal]

Find a new lawyer.

believe me this has occurred to me. Unfortunately, we can't afford to pay another lawyer's fees.

[NoMoreCards]

believe me this has occurred to me. Unfortunately, we can't afford to pay another lawyer's fees.

So you have already paid for the BK, and this lawyer don't want to file them now?

Sorry if I misunderstand, but I am confused.

[mama2three]

believe me this has occurred to me. Unfortunately, we can't afford to pay another lawyer's fees.

If you already paid for his/her services to file a bankrtupcy on your behalf, and they are refusing to do so, then they should refund your fee.

Did you pay them specifically to file a BK on your behalf? Or is it a general representation situation

[JEM]

So you have already paid for the BK, and this lawyer don't want to file them now?

Sorry if I misunderstand, but I am confused.

I agree. I still consider myself a total newbie, BUT if you paid him to represent you as a bankruptcy attorney and now doesn't want you to file....

????

Seems he should be giving you your money back or something...

[DebtHater]

I'm on board with others where. If you can't afford to retain another lawyer implies that you retained this one. If he's not primarily a BK attorney what is he??? It sounds like he may have another agenda. I would point blank tell him either represent me or give me my money back!

You said you saw a different lawyer at the time of you credit counseling. Where is he now?

One thing to keep in mind even though you file BK, it's not going to change your income. If you still have low income regardless of what happens. I think extra part time jobs are in either yours or your significant others future.

[frogger]

He seems to think stringing things out 2-3 years in court is a better option and will keep BK off our financial record.

And will keep him on your payroll too. Find a new lawyer.....

[Dannmcg357]

[HakunaMatata]

If your attorney is encouraging you to buck BK, he isn't representing your best interests (provided details aren't missing from your scenario). Like you, I find his plan of battling creditors for 2-3 years flawed, unrealistic, and ridiculous. There are too many factors that aren't concrete. You are not guaranteed settlements for lesser, manageable amounts. You may be subjected to garnishment (contingent upon your location), bank levies, and forgiven debt tax consequences. Regular court appearances may adversely affect employment status. Plus, you don't have assurance your creditors will foster elementary school principles and kindly take turns. Lest we not forget about the emotional and motivational repercussions.

BK is definitive. I'd opt out of the 2-3 year creditor battle and spend my time rebuilding credit and regaining strength.

[aces67]

You need to see an attorney that specializes in BK. They normally give free consultations.

[OhioFiler]

I wonder how much your attorney plans to bill you for each of the subsequent lawsuits.

[Chowder]

My lawyer is not a primarily BK lawyer and he seems to think that the best course of action is to go to court and settle each of our debts individually as we are sued. I think this is ridiculous. As of right now, we have less than $2k/month in income for a family of four to live on. There is no extra money to settle these debts. He seems to think stringing things out 2-3 years in court is a better option and will keep BK off our financial record. Well, we are already in default on most of cards and on our car. We have well over $45k in unsecured debt and then about $60k in student loan debt and only make about $25k/year with my husband having to take a job that pays much less after being laid off. Hopefully, my husband will get a promotion soon but that still leaves us at only $35k a year in his field.

He seems to think we could settle the one debt for Citibank and since none of the others are suing, we will be fine for a while. Does this sound dumb to you, because I don't think it's realistic that after a year of not being able to pay CC payments, we will be able to catch up or be able to scrounge up the money every couple of months to settle in court.

And for what it's worth, when we did credit counseling the lawyer we saw said hands down we were making the right decision for us. He said he wouldn't even advise us to take another course of action.

Some very appropriate light reading.

http://www.bkforum.com/showthread.php?t=51887&highlight=settle+1099

[music12]

this attorney probably took money for a consultation, which is free with practically all other attorneys. then he is suggesting that you literally waste the next 2-3 years of your life either battling in court or worrying about battling in court. the stress will be 10 times what you already might imagine it to be. and it certainly will affect your employment both because you'll have to miss work to go to court and because you will not be as productive due to worrying all the time.

don't do it.

try to get the money back from this lawyer. if not, it might be in your best interest to go pro se. or given your very low income, you might qualify for legal aid (go talk to them before you get a promotion).

[AngelinaCat]

If your situation is reasonably straightforward and simple, I suggest studying the boards here on the forum, investing in the NoloPress Chapter 7 book, and filing yourself. There are many members here who have successfully filed--and survived--their Chapter 7s and Chapter 13s.

Good luck!