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Amazing Meeting with Attorney-- too amazing?

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    #16
    Well there you go: I felt like the lawyer was pushing me toward a reaffirmation, citing the case of the Ford finance repo that just got upheld in court.

    My creditor is Golden1.

    What does CA have to do with the question of reaffirmation? And why didn't the lawyer mention that I am in a favorable state?

    I still have this twinge of doubt about it all...

    MMP

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      #17
      Alright, makes sense. My attonrey said there were two auto companies that *might* repossess their car if you don't reaffirm, regardless if you are current. One of those was Ford Motor...
      I'll have to go re-read the paperwork.
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

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        #18
        My attorney told me I had to write a letter for the judge to review since I was negative by only $100.00. I wrote that gas had gone down by half and would most likely save X amount of $$. I also said I exempted by tax return and this would be used to pay off one of the vehicles. If we still continued to struggle my wife would get a part time job. The judge signed off.

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          #19
          Originally posted by Moneypenny View Post
          My question is, who makes the judgment call? It does matter very much if its judged one way or the other which is why i feel vulnerable. the lawyer wasnt concerned at all. its true i dont need all these questionable expenses to count but I may need some. So, it worries me a bit.
          That's easy.
          The trustee makes the call.
          His judgement is the one that matters (well there are the rare cases where a BK judge will overrule as trustee, but lets not worry about that right now)
          If the trustee doesn't think it is a valid expense, he will say so.
          All that means is then your lawyer will massage the numbers a little bit.
          Drop that line, or reduce it (whichever makes the trustee happy) then increase something like your food budget.
          As long as you are in the ballpark, your lawyer will make the numbers work in a way that makes the trustee happy.
          That is what you are paying him for.
          He does this all the time. He knows the system, and knows how to make trustees happy.

          I think you are worrying too much.
          It's understandable. We are talking about your entire financial future here.
          But if you overthink things too much, or look for problems where there aren't any, then you are just strssing yourself out for no reason.
          Sure, lots of things could happen.
          But most of the time these things go off without a hitch.
          If your lawyer seems competant. Has been in business for a while with a good track record, and you feel comfortable with him, then I think you have little to worry about.
          7/01/10 - filed!
          11/20/10 - discharged and closed

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            #20
            thanks. that sounds well put.
            the firm he works for has been around a while and seems like it is good. i dont know for sure.

            you are probably right, but what i am getting at is I cant tell the difference between someone glancing down quickly at my expense sheet because:

            a. he doesnt care, cause the firm will get money regardless

            b. it doesnt matter, cause its so easy

            I just cant look across a desk and tell the difference.
            But I guess I just have to live with the uncertainty

            thanks again

            MMP

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              #21
              As HUB said, the Chap 7 book from Nolo press is a must! It was like the bible to me when making a decision for an attorney and how the whole process would go. It sounds like you potential attorney is caring, which is very important. You will need empathy. Just meeting with you is a great first step, especially if he or she did not have a paralegal do it, plus an hour and a half is a long time. You may want to request that he email or write you a summary vison about what he expects in your case, your options, and potential outcome and costs for the attorney. Get a great, not good attorney, do your research. It makes all the difference. Good luck to you
              Filed Aug 28 2009
              341 Oct 2 2009-Asset Case
              Discharged Dec 16 2009
              Waiting for tax return and asset buy back to close

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                #22
                You also have to remember, he isn't your attourny until you actually hire him.
                He isn't going to get too invested in your case, or al the details until you actually put some money down and hire him.
                The fact that he discussed as much as he did in a free consultation is actually a very good sign.
                7/01/10 - filed!
                11/20/10 - discharged and closed

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