Just got back from the attorney

[BrokeIn2010]

Just the bullet points:

-- We can't file Ch. 7 till Jan. 2012
-- No assets thanks to the way the deed's made out (Mother still owns the land/home)
-- We'd probably fail a Ch. 13 and end up causing ourselves more headaches so don't bother.

Attorney's advice: walk away from the debt. We're to stop paying our bills now, and just handle it on a case by case basis as the shit hits the fan. It's unsecured to the tune of ~16,000, with no real-property to attach, single income family with two minor children- one with ongoing medical problems. Just walk away. If we're sued, call him [our attorney] and he'll handle it. He gave us a script to read if called (no more C&Ds, let them fill up the voicemail and one might get stupid), and a form letter to send them. He was pissed that I hadn't filed for my SSI yet-- I was trying to find work, but that's a no go right now-- and wants me to start getting my shit together in the next 60 days.

[BKOnce]

Yep, 2 poor 2 file!

[BrokeIn2010]

He said that in 9 cases out of 10, like ours, the creditors don't even try to take it to court. And the ones that drop it once they see there's nothing to get will likely drop the case.

Main thing is don't act like we knew this was coming: don't run around closing accounts, changing up payroll payments, etc. And keep receipts for everything from a can of formula to the gas for work, make a paper-trail of our household expenses beyond the medical bills, and do everything in cash and use prepaid cards online if we have to order stuff in.

[newbie2]

Just the bullet points:

-- We can't file Ch. 7 till Jan. 2012
-- No assets thanks to the way the deed's made out (Mother still owns the land/home)
-- We'd probably fail a Ch. 13 and end up causing ourselves more headaches so don't bother.

Attorney's advice: walk away from the debt. We're to stop paying our bills now, and just handle it on a case by case basis as the shit hits the fan. It's unsecured to the tune of ~16,000, with no real-property to attach, single income family with two minor children- one with ongoing medical problems. Just walk away. If we're sued, call him [our attorney] and he'll handle it. He gave us a script to read if called (no more C&Ds, let them fill up the voicemail and one might get stupid), and a form letter to send them. He was pissed that I hadn't filed for my SSI yet-- I was trying to find work, but that's a no go right now-- and wants me to start getting my shit together in the next 60 days.

Bravo to your attorney. He gave you good advice. Good luck to you and your family.

[BrokeIn2010]

Best part: We if get a judgement against us, the winning attorney becomes our new best buddy.

We talked about the horror stories of people being arrested for contempt (in TN it's 10 day min. jail time, unless overturned). Basically, they win, we get aggressive: registered letters requesting documents we need to follow up on fulfilling our judgment. We don't wait for the interrogatory letters, we don't let them out of the court house without setting up a date and time for us to have them in our hands. We stay in their faces, and keep communication, we record, we log, and we put then back off their feet by being a polite and cooperative and any person could be. We've got nothing to hide, so don't act like we do. Have IRS insolvency test and a BK debtor's exam completed and in a sealed envelope, they win we-- in front of the judge-- hand it to them and tell them it's a complete disclosure of all our assets and if they have any questions, please don't hesitate to call us or our attorney (this assumes we appear alone if we appear at all). If they request less than 25% wage-attachment, we are going to immediately counter offer the full 25%; makes us lawsuit proof for the length of the judgement.

If they get a default and claim I was served and I wasn't, I demand to see the signature of who signed for it. Then I demand that the process server appear and be sworn before the court. If my attorney's doing it, he'll demand that the server pick me out of a line up. Then when they can't prove they served me, he's going after the Collector and the server for perjury, abuse of process, and whatever else he wants to take on. I'm to go by the court-clerk's office regularly to keep up with again that's out there. Call him the minute we hear ANYTHING.

In short: Make it more time and money out of their pocket than they'll ever collect on.

[dmu]

In short: Make it more time and money out of their pocket than they'll ever collect on.

Sounds like a plan and I love a plan. Good luck BrokeIn2010.