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

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    #16
    well...if you are listed them as creditors the wood is yours to give to the nice neighbor who is cutting your grass. if they have been that helpful then what you cannot take with you i would sell or give away.

    what we did, is i called the county and although we were actually going to be homeless i could not take all the furniture with us...so the county had families they were helping and i gave most everything to them.

    we had no neighbors or anyone to help us with our move. we found a young man who did odd jobs and was doing what he could to support himself wife and new baby...we gave them the washer dryer....frig....anything he wanted as payment for helping us "old" folk clean up the house and empty it before we left.

    then we all made a HUGE contribution to another state agency....one that gave us over 10k receipt for donations...so that was a win win...as well as the county also gave us receipts to deduct at tax time.

    if i had tried to sell most of items we had it would have been more of a hassle than not...we need the tax write off and it worked out better in the end.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #17
      If you have no job and hence no health insurance, it might be better to wait, just in case you incur some medical bills and then what? Nothing is worse than filing for bankruptcy relief only to incur medical bills the day after you file. Having said that, sometimes the emotional turmoil paralyzes people so much that you simply can benefit a lot more from hitting that reset button sooner rather than later. This needs to be your decision. As far as the fee, it sounds like a lot. A no asset case, with no income but unemployment benefits, surrendering of real estate should be fairly basic. Other factors like multiple bank accounts, retirement accounts, and what your district's requirements are as far as supporting documentation may conribute to the fee. Keep in mind that the attorney is interviewing you as much as you are interviewing them. A frazzled, disorganized, emotioally fragile, and distrustful person can cause more work than is necessary. We are trying to figure out how much time the potential client will demand from us, aside from the paperwork that needs to be prepared.
      Kathryn Tokarska, Esq.

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        #18
        Originally posted by dabklady View Post
        If you have no job and hence no health insurance, it might be better to wait, just in case you incur some medical bills and then what? Nothing is worse than filing for bankruptcy relief only to incur medical bills the day after you file. Having said that, sometimes the emotional turmoil paralyzes people so much that you simply can benefit a lot more from hitting that reset button sooner rather than later. This needs to be your decision. As far as the fee, it sounds like a lot. A no asset case, with no income but unemployment benefits, surrendering of real estate should be fairly basic. Other factors like multiple bank accounts, retirement accounts, and what your district's requirements are as far as supporting documentation may conribute to the fee. Keep in mind that the attorney is interviewing you as much as you are interviewing them. A frazzled, disorganized, emotioally fragile, and distrustful person can cause more work than is necessary. We are trying to figure out how much time the potential client will demand from us, aside from the paperwork that needs to be prepared.
        Kathryn Tokarska, Esq.
        excellent point, and made i add...a client is usually in a highly charged emotional state during this most stressful situation. many people ...expect the atty's to have every answer. however, the fact is, the atty can only work with what he or she is provided with my the client.

        as personal as this situation is to you, the atty has many clients and even the BEST of them needs correct information to help them help you.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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          #19
          I'm worried that if the unemployment extension goes away November 30, the job ends the middle of December, which is the projected time frame, I will have nothing but what Ive managed to save for that month and a half. I am thinking to email him and tell him I would like to hold off to see what happens with unemployment.

          His email saying we wouuld have to analyze my 'new job' (huh??) gave me the jitters.

          I do have health insurance through MN Care, pay $75 a month for that, which is a great deal but scared to even take time off work to see a Dr! Sadly it started the week after I started this job.

          I called other attorneys but can't find one yet with Saturday hours. And yes, daklady, there is an issue as I think my eyes need to be looked at for cataracts. That is another thing. Don't know how much MN Care would pay for that. Regardless, I wouldn't want to do anything until after this job ends.

          I will try the attorney referral just to make sure. I just don't want it to be the end of December and have no money, especially if I do have eye surgery and cannot work for a short period of time.

          Yes, my stomach is in knots over this, but to be honest, not eating or not being able to see scares me a lot more!

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            #20
            One more question - does the 2nd mortgage and the home improvement loan go away with the BK? I don't really know how that works. I really have nothing else, except my car, which is worth all of $850 according to Kelly Blue Book and my household goods, outside of the remodeling materials, have all come from thrift shops.

            Thank you all for your help.

            Comment


              #21
              Originally posted by discouraged View Post
              I'm worried that if the unemployment extension goes away November 30, the job ends the middle of December, which is the projected time frame, I will have nothing but what Ive managed to save for that month and a half. I am thinking to email him and tell him I would like to hold off to see what happens with unemployment.

              His email saying we wouuld have to analyze my 'new job' (huh??) gave me the jitters.

              discouraged.....i'm so sorry that you are going through so much! it will pass...it will. i know it's an uphill battle, but you will find the right person to help. i know you will.

              yes, we were so upset about UI stopping we just were in shock...we even called our local senator who voted to STOP the UI...i had another thread about it, but the bottom line is wow...they, the government just kept it all under wraps...

              hopefully the atty's referral will find someone that can help. you need to get your eyes fixed...you do no matter what!!!

              I do have health insurance through MN Care, pay $75 a month for that, which is a great deal but scared to even take time off work to see a Dr! Sadly it started the week after I started this job.

              I called other attorneys but can't find one yet with Saturday hours. And yes, daklady, there is an issue as I think my eyes need to be looked at for cataracts. That is another thing. Don't know how much MN Care would pay for that. Regardless, I wouldn't want to do anything until after this job ends.

              I will try the attorney referral just to make sure. I just don't want it to be the end of December and have no money, especially if I do have eye surgery and cannot work for a short period of time.

              Yes, my stomach is in knots over this, but to be honest, not eating or not being able to see scares me a lot more!




              discouraged.....i'm so sorry that you are going through so much! it will pass...it will. i know it's an uphill battle, but you will find the right person to help. i know you will.

              yes, we were so upset about UI stopping we just were in shock...we even called our local senator who voted to STOP the UI...i had another thread about it, but the bottom line is wow...they, the government just kept it all under wraps...

              hopefully the atty's referral will find someone that can help. you need to get your eyes fixed...you do no matter what!!!
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

              Comment


                #22
                Thank you Tobee. Yes, the job I have right now is basically checking data entry errors and fixing them. I come home and have a hard time focusing my eyes on anything. What ticks me off is that when I did see the eye Dr, while I was working, he said maybe I was starting to get cataracts but not to worry yet, then, when I went to get my drivers license renewed they asked, Do you have cataracts? I was so ticked! I told them the Dr said if I did it was just starting which I think was/is bs. They just didn't want to pay for it I believe.

                Anyway, I've really noticed since I have to look at things so closely and my eyes hurt a lot at times.

                So I am going to put this lawyer on hold, search for one that will talk to me on a Saturday and go ahead and make an eye Dr appt and see what's going on.

                I just want to hold off on everything until this job ends! After being unemployed for over a year, this feels like heaven just to be working. I even look forward to getting up Mondays!

                Comment


                  #23
                  I would reccommend doing what is right for you. I sounds like you want your job to end before you do anything, then that is what you should do
                  Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.

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                    #24
                    Originally posted by discouraged View Post
                    Thank you Tobee. Yes, the job I have right now is basically checking data entry errors and fixing them. I come home and have a hard time focusing my eyes on anything. What ticks me off is that when I did see the eye Dr, while I was working, he said maybe I was starting to get cataracts but not to worry yet, then, when I went to get my drivers license renewed they asked, Do you have cataracts? I was so ticked! I told them the Dr said if I did it was just starting which I think was/is bs. They just didn't want to pay for it I believe.

                    Anyway, I've really noticed since I have to look at things so closely and my eyes hurt a lot at times.

                    So I am going to put this lawyer on hold, search for one that will talk to me on a Saturday and go ahead and make an eye Dr appt and see what's going on.

                    I just want to hold off on everything until this job ends! After being unemployed for over a year, this feels like heaven just to be working. I even look forward to getting up Mondays!
                    you know discouraged...my name should NOT have been tobee...it should have been typorme..LOL!! so i sooooooooooo appreciate what you do. i have always had someone to edit me....now i'm at a loss...ripped to the bone..LOL!!! editing my posts time and time again because i CANNOT see the errors...i'm was just..in my hay day the thinker...sorta...LOL!! now i'm not thinking about much other than to be happy to have a roof over my head and food on the table...a truly humbling experience. but one i would NEVER relinquish...ever.

                    you CAN do it...we held off 2 years plus..i know it's hard but it's smart!! i'm here for you as i'm certain we all are.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #25
                      Have you thought about using USABankruptcy, they fill out all your forms that you need and get them to you to file and for the most part, like they said if you dont have a complicated case, the attorney doesnt even fill that paperwork out. He just takes your money and meets with you to get your info to have para legal prepare the paperwork and goes to the creditor meeting and sits there, and gets that money... It may be a good choice..

                      Comment


                        #26
                        I've never even thought of that. Actually, never heard of it. I may check it out. Thank you.

                        It's been by being on this forum that I have learned anything. I realize the lawyer can't answer my questions for free for forever but really, he has been almost no help. I
                        wish now I would have taken everyone's advice BEFORE I got this job (which, remember only lasts a few months). I was actually taken by surprise when they wanted me as I'd been applying for 2-3 jobs a day for over a year. So I was not prepared to not have the time that I used to have.

                        I just think it would be better if I 1st - got my eyes checked, 2nd - see what's happening with unemployment and 3rd, search for a lawyer that can answer my questions.

                        The fact that he said we had to analyize a 12.31 hr job really threw me. Before I was unemployed I was making almost $19 an hour.. I can see analyzing that but 12.31??? Barely over what I got for unemployment. And it is only 3 months for heaven's sake, not like this is a dedicated job offer.

                        Then I looked over the paperwork he gave me VERY carefully and there are too many times it says (fees may be higher) and that scares me too.

                        I guess I just need more answers, need to interview more attorneys and need to see what's going on with unemployment.

                        The only thing I can think of is the loan I co-signed for my son for his motorcycle 6 yrs ago and then paid off with a HELOC that same year. The motorcycle is worth about 3500 and we should squeak by with allowable vehicle exceptions. If not, he'll give it up (I'm not allowing any other options to him at this point). The lawyer did not have a problem with it, said it would probably fly.

                        I don't feel confident enough to do this myself, but my gut is telling me - wait. I really don't like the analyze the job email and the paperwork that states it may cost more.

                        Comment


                          #27
                          Tobee - I ignored your post - sorry. I'm a frustrated writer, have had some poetry published (copies in publications only - no pay) and editing is my game. I am very good at it and it has been invaluable in my life. I KNOW these folks are going to hate it when they have to let me go as I am catching a ton of errors and without the corrections, they cannot go 'live' with the program that will be statewide for purchasing in January 2011 (the program is city and state). But the funding for my services end 12/31.

                          Hey - if you need some editing help, let me know. You've been invaluable to me, maybe I could be of some help to you. Any time.

                          Comment


                            #28
                            discouraged,

                            I have not been exactly where you are, but I lingered over the decision to file for a year or so. The uncertainty is hard to live with and the need to make the "right" decision at the "right" time can become overwhelming. Just want you to know that there is a lot of support on this board. I would come on and read stories posted by other people and see the support they received. This made me feel hopeful about making it through the turmoil. I hope you feel a measure of peace with your decision-making.

                            dasmom

                            Comment


                              #29
                              Originally posted by ilovemyfam View Post
                              Have you thought about using USABankruptcy, they fill out all your forms that you need and get them to you to file and for the most part, like they said if you dont have a complicated case, the attorney doesnt even fill that paperwork out. He just takes your money and meets with you to get your info to have para legal prepare the paperwork and goes to the creditor meeting and sits there, and gets that money... It may be a good choice..
                              Did you use this firm? I haven't read good things about them, and they have no contact numbers on their website, just an email form. If you did use them, I'd love to hear how they worked for you. I am a big skeptic when it comes to website services like this. I think I'd be too stressed. From what I read on their site, they are basically just a form-filler (although they claim they will take responsibility if they don't catch your errors). You are still totally responsible for filing the paperwork etc. Once you've compiled all the info to give them, you've practically completed your own pro-se legwork.

                              Just a thought.
                              Filed pro se, made it through the 341, discharged, Closed!!!

                              Comment


                                #30
                                Dasmom - Thank you. Yes, this board has been wonderful. If it weren't for all the great advice I wouldn't have had the questions-and the answers. I just think it's best if I wait a while. I was embarrsed to say that the attorney actually yawned while we were talking. Just figured the financial advisor knew the best but, this board has allowed me the opportunity to see it isn't always wise to listen to just one person.

                                I'm going to take it one day at a time and hope that I will know when the time is right. I am trying to trust my gut instincts and they are telling me this is not the right person.

                                I'm going to start taking the advice of the people on this board and keep searching for an attorney who will work for ME not just for the money he/she will make.

                                Comment

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