They want the kitchen cabinets back

[pcn]

One more vote here for finding a new attorney. We fired our first atty after we did our own research and realized he only wanted an easy 13 case. If yours is caving already, what will he do in court if things actually get interesting?

[dumpinmydebt]

This sounds like a load of bull. I mean really, what person is going to come into your home and use the labor to tear out those cabinets?

Find a new attorney, all the more reason we're filing pro se.

[JoJoCal19]

This is the exact reason I met with multiple attorneys before picking one. The first I met with gave me a real bad vibe and it sounded like my experience would have been much like yours. The attorney I retained has been awesome and the entire office has been extremely supportive and helpful in meeting my demands/needs and answering my questions.

[Bosco]

an update...they are still trying to determine if the cabinets stay...my wife being a realtor had 6 pending deals that all fell through due to mortgage problems on the files ( about $24,000 in commission )...she always took cash advances being in the real-estate business ....it is very very common...the owner/broker is closing the doors and after 10yrs she is unemployed...

what I can not believe is that a cash advance used for household upgrades and basic living expenses is a problem...this is very stressful,we have 2 homes under water and have family members staying in one to try and help with the mortgage etc...nuts !!

[tobee43]

i don't know about the "cash advances" but they should be able to be listed on ur bankruptcy. it's like taking a cash advance on one of your credit cards...a realtor is 1099'ed usually, so she can list someone she contracted for as in one's own business...unless she was on salary...but, even so, you should still be able to list those cash advances.

[olivies]

What if it was a roof? Would they want that back? Some people put in driveways, landscaping, etc. on credit. I think there may be some teeth to the argument that it's part of the physical house now.

[tobee43]

bosco...they are NOT taking your cabinets...really

[Bosco]

Thanks for the replies....this Lawyer is not very understanding,we always use 0% offers for household upgrades,it's just that this time we were blindsided by the real-estate market...know one would have thought that the market could get this bad,it is horrible...they will not get the cabinets back but somehow I may have to pay for them, I just don't know how...

[tobee43]

if you file chapter 7 and you didn't purchase them within 90 days of your filing date...you're fine...now if you go 13...then you are choked for then next 3-5 years to pay back.

[Bosco]

we don't qualify for 13...the wife has zero income at the moment so she can't pay it back...we are going to wait another 60 or so days and then look at filing 7,I just don't want to wait too long and get into judgements and lien against my home...

[tobee43]

we don't qualify for 13...the wife has zero income at the moment so she can't pay it back...we are going to wait another 60 or so days and then look at filing 7,I just don't want to wait too long and get into judgements and lien against my home...

if that is the case, then i really would consider those cabinets in your kitchen are now yours for the keeping....

and it doesn't matter about the judgements....even if they get them because you can have them removed after the bankruptcy is completely....but remember even if you get served...you can answer the summons ...even go to court to stall time...and by that time you'll have filed.

when served you have usually at least 30 days to submit an answer...and or show up at the court date and tell your woes to the nice judge. even if they get a judgement it takes time to execute for payment...and by that time you'll have filed.

i know you are scared and it seems like it's the end of life right now. but really, you and yours..and also your kitchen will be fine.( that is if you are reaffirming your home).

[Bosco]

Thanks for the encouragement...the homes mortgage is only in my name,she is on title but not the mortgage,so I don't think we need to reaffirm seeing I am not going BK....