What should I expect to get the process started?

[Laurie77]

My husband and I are meeting with an attorney tomorrow, our first one ever, to discuss filing Ch. 7. I'm told by a friend that we should meet with a few attorneys to find one that we like.

I know we have to complete counseling before actually filing, so that takes some time. My question is this: would the attorney advise us to stop paying our credit card payments? And if so, we would obviously start getting the harassing phone calls. Would I be able to refer these calls to the attorney? Would I have to retain them first? And do you not retain an attorney until they are actually paid in full? And I've read that you can't file until they are paid in full. I'm concerned about being able to pay the fees, BUT if we weren't making credit card payments, that is money that could go to our attorney.

I'm just wondering at what point in the process does the attorney start working for me? Would I have to deal with harassing phone calls on my own? If so, I wouldn't even know what to tell them, that I can't pay because I'm planning on filing bk? Obviously I could just ignore the calls as well.

My only concern about not paying creditors is that we do have a secured credit card with Robbins Bros. and they could technically take my engagement ring if we default. (per the credit card agreement) We plan on reaffirming the debt in bk, however. But would I stop paying them until we actually file and then the reaffirm agreement would be submitted? All the other debt, I could care less about not paying them.

Sorry if all of these sound like stupid questions. I'm just overwhelmed with everything, but hopefully I'll have a lot of my questions answered when we have our first meeting tomorrow. Thank you everyone!

[keepinitreal]

Laurie77, that's great that you're meeting with an attorney tomorrow. This is a once-in-a-lifetime event for you, but an every-day thing for the attorney. If you end up filing Chapter 7, you'll determine what your assets are (including the engagement ring) and protect them as much as possible with your exemptions. If you will lose an asset because you can't protect it with your exemptions, the Trustee will let you keep it if you can pay the Trustee the "unprotected" amount for that asset.

I bet tomorrow you'll feel much better after meeting with your first attorney. Good luck!

[BKDebby]

I know we have to complete counseling before actually filing, so that takes some time. My question is this: would the attorney advise us to stop paying our credit card payments? And if so, we would obviously start getting the harassing phone calls. Would I be able to refer these calls to the attorney? Would I have to retain them first? And do you not retain an attorney until they are actually paid in full? And I've read that you can't file until they are paid in full. I'm concerned about being able to pay the fees, BUT if we weren't making credit card payments, that is money that could go to our attorney.

I'm just wondering at what point in the process does the attorney start working for me? Would I have to deal with harassing phone calls on my own? If so, I wouldn't even know what to tell them, that I can't pay because I'm planning on filing bk? Obviously I could just ignore the calls as well.

My only concern about not paying creditors is that we do have a secured credit card with Robbins Bros. and they could technically take my engagement ring if we default. (per the credit card agreement) We plan on reaffirming the debt in bk, however. But would I stop paying them until we actually file and then the reaffirm agreement would be submitted? All the other debt, I could care less about not paying them.

Sorry if all of these sound like stupid questions. I'm just overwhelmed with everything, but hopefully I'll have a lot of my questions answered when we have our first meeting tomorrow. Thank you everyone!

The first day I met w/my attorney & paid him $200 to retain him, from that point on I could refer the creditors to him. That is also the day I quit paying my cc. I wasn't even late on that day.....my creditors did not start calling until my payments were 60 days late. Then I just said to them that I am filing Chapter 7 and do you want my attorney's name & number? I dreaded the first call, but it wasn't hard after that, and the creditors were nice even!

The items you are planning on reaffirming, keep the payments current on them. I'm reaffirming my mortgage and my new car (purchased with the blessings of my attorney as part of my pre-bk strategy).

Stop using your credit cards now also. You want a minimum of 90 days of no cc use before you file.

Like you, I'd never met with an attorney before for anything at all, and I was scared out of my mind.