The Absolute Worse News Ever!!!

[meateater]

Hi Ann,
Being sued is not the end of the world, most likely, you'd get something in the mail and a date when a reply was due. If you file a reply, it would be a few months before a judgement could issue. The lawsuit would probably be part of the bankruptcy case. I'd take the recommendation to find another attorney so that your ready if you get sued.

If you let your income dwindle, will you be able to bring it back up? This could make a difference in how things go after bankruptcy.

[Ann]

I should have realized back (I believe it was November?) when the new figures came out lowering the amount of income needed to file a chapter 7 and I emailed him and asked if this was for sure going to occur and his response was that it was a positive for all who are considering filing for bankruptcy. How the heck would it be a positive if they are lowering the numbers and not raising them??? I "called" him on that and he never responded back to me. Wow, how could I have chosen him? I did consult with 3 other attorneys and the time and he seem to really know his stuff. Boy was I wrong! I'm back to square one. Seven months to wait and prepare and now more waiting. All, I know I'm having a pity party right now but I just had my whole plan torn to shreds. Thanks for listening!!!

[Amy26]

Hi Ann, definately definately consult with some other attorneys. I have been on these boards since last year and I have seen some people get away with some very on the fence type of chapter 7's and they sail through. I also saw some pretty crazy stuff at my 341 where I heard the trustee saying things like "so you're keeping the bmw" ... "so you're keeping the mercedes" .... lol.

Relax a bit...take a breath... its not the end of the world and you will come out on the other side! A 7 will not be cake for you, but I also don't think its out of the realm and like the others say... if nothing else a 13. If you're willing to settle for a 13, then the worst that can happen if you pursue a 7 is that it gets pushed to a 13. Well...there are worse things that can happen but lets not focus on those!

You need an attorney that had my attorney's attitude...I also thought I would have to do a 13 as well but he told me point blank "he doesn't wanna do 13's..." why? Cause he said he has to keep his files open for so many years and its a paperwork headache for him. He wants people to do 7's in all situations if he can.

I would also really fight to get more of your 1400 bucks back... to only give you 400 is kinda stupid imo.

[Ann]

Hi Ann, definately definately consult with some other attorneys. I have been on these boards since last year and I have seen some people get away with some very on the fence type of chapter 7's and they sail through. I also saw some pretty crazy stuff at my 341 where I heard the trustee saying things like "so you're keeping the bmw" ... "so you're keeping the mercedes" .... lol.

Relax a bit...take a breath... its not the end of the world and you will come out on the other side! A 7 will not be cake for you, but I also don't think its out of the realm and like the others say... if nothing else a 13. If you're willing to settle for a 13, then the worst that can happen if you pursue a 7 is that it gets pushed to a 13. Well...there are worse things that can happen but lets not focus on those!

You need an attorney that had my attorney's attitude...I also thought I would have to do a 13 as well but he told me point blank "he doesn't wanna do 13's..." why? Cause he said he has to keep his files open for so many years and its a paperwork headache for him. He wants people to do 7's in all situations if he can.

I would also really fight to get more of your 1400 bucks back... to only give you 400 is kinda stupid imo.

Thanks Amy!!! Aside from all of this nightmare is that I won't even get the $400.00... more like $280!!! As soon as he saw our "numbers" he should have called and said we may have a big problem here. He did nothing of the sort. He "worked" and has that to back him up on the face that I agreed to $160.00 per hour. I really think he knew it (7) wasn't going to work but went ahead and did the paper work so he could justify keeping the bulk of my money. No, I dont want to get into a 13 because I don't think we will make it through it. Our income is too up and down. Right now it is up but in a few months it could go down. I will just have to find another attorney willing to help. Actually my numbers were a little off our income (looking back) was $8400. per month but I found a $220.00 mistake he made on my husbands average monthly income. So it was actually $8200. Still, I feel he didn't "work" enough to help. I don't feel he put in that much time!

[2manybills]

Ann: Shop for another attorney. Sadly (and I've been in the legal field for over 35 years) some attorneys are just lazy, they don't want to do what it takes to service their clients properly.

We were over the median and as you can see from below, we qualified for a 7and are discharged.

I would interview the attorney prior to paying any attorney a fee.

[chriselle]

Ann, something is not right. Like JB, i added the numbers, i think you are qualified for 7. is the $7700 monthly gross the total household income or yours only. Reason I am saying is you could be married and hubby not filing but his income will still count. As for too much debt, I'll take JB's word on it