Rethinking timimg of BK-was going to do it this montbut need more time

[discouraged]

My lawyer is not going to be happy as I have postponed this once before but here's my dilemna:
Unemployed since June 2009. Stopped paying creditors June 2010. Saw a lawyer in June.
I have searched and searched for a job but it is tough out there.
Finally started a temporary job 9/27. May last 2 months, may not (there are a LOT of politics going on there-wierd situation),
My lawyer wants 1800 plus the 299 filing fee. Every time I come close to getting it together, something comes up and I would be short.
Now there was an article in the paper about an unemployed nurse who ran out of unemployment and it made me stop and think. What happens if unemployment is not extended after Nov. 30 and I still have not found a job? I will need the money to survive while I keep looking. I could live for quite a while on the money I would be giving him.

I do not plan to reaffirm the house, have 74,000 with BofA, 24,000 2nd with Chase. Chase is threatening, BofA is just calling - 1 ltr saying I am in arrears. Credit cards are all under 2,000. Home remodeling loan (20,000) is threatening.

I am just scared that if I go ahead with the BK and do not find a job - I will be sunk. My brother has offered that I can move there (Illinois) if I cannot find one here and they will help me but I need money to move there if it comes to that.

Go ahead with the BK or wait it out? Everything is pretty much u0p in the air for now. Advice?

[HHM]

I say file. The psychological benefit alone is enough. People fail to consider or appreciate the huge psychological and spiritual benefit of BK. Once that stress is gone, once that financial burden is lifted, it allows for better focus. Things just start working out.

Bankruptcy is the START of your financial recovery, trust me, you will feel better once you get the process moving.

[df04527]

Couldn't have said it any better ^^^^

[tobee43]

i believe you really should just get it done....

i know it's a difficult way to think...one day at a time. but times have changed...you will be so relieved to get it done and over...and get a "fresh" start.

it's hard to know what to do. but take it from someone who's been there and done that...i cannot tell you what a burden was lifted once we filed.

[discouraged]

Thank you all. I still have to put it off for a month I think. The job I have is with the City and they hold back the 1st two weeks so I will not get a paycheck for 4 weeks (I think) and I currently only have 2000 and need 2100 and still have to pay for a bus card (20 a week), food and utilities (70 a month on budget plan) phone (19 a month because I'm unemployed) so still short. But, depending on when I get paid for this gig, I can then go ahead. It's only 12 an hour but will give me just enough to pay him, my bills and still eat.

[tobee43]

sounds like a plan!!!

[Fresh]

I could not agree more with HHM and the others. File. I was dealing with the temporary job thing right when I filed, too. I know I was meant to file because right before I did, I had just started a new temporary job, which was supposed to last for no longer than two weeks. It lasted for MONTHS. Take the chance. I know you will feel so much better. All the best to you...Fresh

[discouraged]

Lawyer left a msg that it was not a problem and he extended the time for the paperwork to be in. The reality is, he wants 1800 plus the 299 for filing and I only have 2050 until I get paid. They hold back two-weeks and then it's another 2 weeks until I get paid so will not see a paycheck until Oct 22nd. I have to keep all the monies until I get paid as I still don't have the total 2100 and that is what it will take for him to file. I also have to pay utilities for the month and food, bus card (cheaper than trying to park downtown where I am working). So it just has to wait until I have the money. Of course, regardless of when I get paid, as long as I am working unemployment stops so this is all the funds I have until then.

May look into finding someone cheaper, although that seems to be what people are paying but 1800 for a no asset case sounds like a lot to me. We'll see how I feel as the time gets closer to where I can pay him.

[tcreegan]

Hi discouraged,

Did you shop around for attorneys? You might want to do that, should give you a good idea what the going rate is up there in MN....

Tom in Colo

[wipetheslate]

$1800 for a no asset Chapter 7 sounds like highway robbery. Have you thought about filing pro se? Where I live (Honolulu), there's a low cost lawyer than does chapter 7s for about $350+filing fees.

Lawyer left a msg that it was not a problem and he extended the time for the paperwork to be in. The reality is, he wants 1800 plus the 299 for filing and I only have 2050 until I get paid. They hold back two-weeks and then it's another 2 weeks until I get paid so will not see a paycheck until Oct 22nd. I have to keep all the monies until I get paid as I still don't have the total 2100 and that is what it will take for him to file. I also have to pay utilities for the month and food, bus card (cheaper than trying to park downtown where I am working). So it just has to wait until I have the money. Of course, regardless of when I get paid, as long as I am working unemployment stops so this is all the funds I have until then.

May look into finding someone cheaper, although that seems to be what people are paying but 1800 for a no asset case sounds like a lot to me. We'll see how I feel as the time gets closer to where I can pay him.

[HHM]

$1800 for a no asset Chapter 7 sounds like highway robbery. Have you thought about filing pro se? Where I live (Honolulu), there's a low cost lawyer than does chapter 7s for about $350+filing fees.

No one is really in a position to say a certain fee is highway robbery or not. Keep in mind that BK is still a "service" not a product. When you buy a service there are 3 factors that go into determining a fee, (1) complexity of the matter, (2) expertise of the service provider, and (3) the level of customer service you will receive. If you want to take your "chances" in BK, by all means, pay the $350. However, those type of low quoted fees are usually bait and switch. If you wan't top notch representation, you will pay north of $2,000.

However, a debate on fees is a bit off topic for this thread. The point is, just go file and start your recovery.

[tobee43]

No one is really in a position to say a certain fee is highway robbery or not. Keep in mind that BK is still a "service" not a product. When you buy a service there are 3 factors that go into determining a fee, (1) complexity of the matter, (2) expertise of the service provider, and (3) the level of customer service you will receive. If you want to take your "chances" in BK, by all means, pay the $350. However, those type of low quoted fees are usually bait and switch. If you wan't top notch representation, you will pay north of $2,000.

However, a debate on fees is a bit off topic for this thread. The point is, just go file and start your recovery.

hhm...i'm going to have to correct you here....up north it can WELL exceed $2000! i knew someone that pd ove 5k for their chapter 7 in new jersey.

i know for me...i want someone i can feel that i can trust and establish the relationship required to successfully go through this stressful time. that includes good office staff etc.

i'm not saying you ALWAYs get what you pay for, but i'd pay whatever i had to, to have the best person in my corner when i go into a 341 or have questions i need answers to.

a $350 "special" is likely to get you just want you pd for!!

(OT...sorry this just gets my GOAT....my poor little brilliant niece needs to get her billable hours in....and works 14 hours a day...) or she losses HER job. there is another side to atty fees.....

discouraged....make some calls....call the bar assoc for some referrals...speak with their office. the office we worked with took payments...whatever we could afford. so most good atty's will work with you, they understand your situation. NOT all are looking to line their pockets. ours had compassion, was always there when we had a question....and was so kind it was unreal. i could not get over the entire firms kindless and understanding.

there's a law firm out there for you...it took us TONS of calls to find the right one. and at least 5 interviews. do not settle.

[discouraged]

I did not shop around but I am going to. To be honest, I was so tired after work, after not having worked for a year that I have been lazy about that. But I will start this weekend as I'll need a person who can see me during that time while I am working. I did see some in the phone book I will call. Do not feel free to make calls at work so has to be weekend or after hours.

It's frustrating because I would love to sell my neighbor the wood I bought to build stairs and the timing is right for him but I don'd dare sell anything at this point as that was bought with my remodeling loan and I don't know if I can sell it or not. Also some tools he could use. It's just frustrating.

[tobee43]

I did not shop around but I am going to. To be honest, I was so tired after work, after not having worked for a year that I have been lazy about that. But I will start this weekend as I'll need a person who can see me during that time while I am working. I did see some in the phone book I will call. Do not feel free to make calls at work so has to be weekend or after hours.

It's frustrating because I would love to sell my neighbor the wood I bought to build stairs and the timing is right for him but I don't dare sell anything at this point as that was bought with my remodeling loan and I don't know if I can sell it or not. Also some tools he could use. It's just frustrating.

come on over...i make the strongest coffee this side of the world...we'll keep your butt up.....

and sell the wood...on craiglist or the local paper.....or the newspaper...make some bucks...think outside the box...i know you can.... i think you can.......you're just tired and sick of all of this....but we are right here with you. you CAN and WILL do this...

ok...now see what you're doing...making me sound like the little engine that could...

chin up...and move forward...you CAN do it!

[discouraged]

Thanks tobee - actually my neighbor wants that wood REALLY bad. He needs to make new stairs at their house and I would certainly give him a decent price. He also was drooling over the laser circular saw. Hmmm - do you think this is why he is cutting my grass lately, LOL.

Do I not have to list those as assets though, since I paid for them with the loan money? It was a neighborhood development organization loan and they didn't just give me a check, I had to submit the receipts and they then paid me from the loan. Strange set-up, but the only way I could get a decent loan for home improvement at a decent rate at the time. So they have records of everything I bought and they are one of the main creditors after the mortgage.