Pre-paying the Attorney: Is this ok, o5r fishy?

[tobee43]

I have done this before(I am stupid, didn't learn the first time) and in 1994 you paid the filing fee up front, and then you could pay off the remaining fees...so things have changed. I have 17,000 in credit card debt. I am not trying to get the cheapest just someone reasonable. With my income of 800$ per month, its going to be borrowing time...in order to do this. I am pretty "street smart" and his price did send up a red flag, so I made two appointments with two other lawyers next week, one of them is the one who did my BK in 94 and very very nice. I just don't want to have to sell everything I own in order to do this, I had to do that last time.
I never thought it would come to do, but when the stupid surgeon performed a routine surgery on my mom in 2009, he left her brain damaged & on a vent... we lived together, so it was easy to afford all my bills. With her in a home now, I am having to "pick up the slack" and I am squeezed....oh its my fault! In 2004 I made a &*^% load of money at my job, had a work related accident leaving me permentaly disabled....so my income went from a boat load to half of that(whoch was still fine) to a year ago 800$ a month. I tried to keep up, never missed a minimum, and in July it occured to me, I was just "avoiding the evitable" by paying the minimums. So here I am...I am a mess!!!!!!!sorry to vent

ahhhh..buffee don't beat yourself up on this....many people have filed twice...even more. and, after all, times are very different now.

again...we found an excellent atty...we made monthly payments until the firm was pd in full....it worked out well for us.

i wish you the best of luck! and a wonderful new ...new year for you and yours...it will be fine...really.

[free2breathe]

Well, one thing in your favor is that you will likely qualify for the fee waiver. Also, have you contacted your state's Legal Aid? It's quite possible that you qualify for free legal help with bankruptcy. There may even be attorneys willing to take your case pro bono. It's definitely worth checking out.

[Fallonedward]

I can not stress how important it is to interview numerous attorney's to ensure you are getting one that works for you. Ours charged us $1300 plus filing fee's. Our's was good except for the fact he fumbled at the 341, by arriving late (and was proud of being that late, that set me off) and forgetting to submit all of the paperwork the trustee had wanted him to scan over prior to the 341. Luckily I arrived with everything including the kitchen sink so I was able to supply our trustee with everything that was missing from our file.

i agree with the other posters here....$500 sounds very low....however, that being said, an atty cannot file for you unless you are pd in full with the firm...so that part is normal or "common".....

did you sit with this person and have a consult??? do you fill confidence in their answers to your questions.....are you comfortable with their approach...how long have they practiced bk....these are all questions i would want the answer to before i hired anyone to represent me and my interest in such an important matter.

there are hundreds...let me correct that...thousands of atty's....make certain you pick the right one for you. we had to do monthly payments until our firm was pd in full and then we were able to file. so, don't find the fact that an atty needs to be paid in full anyway odd.

best of luck in your filing!

[buffee]

Well, one thing in your favor is that you will likely qualify for the fee waiver. Also, have you contacted your state's Legal Aid? It's quite possible that you qualify for free legal help with bankruptcy. There may even be attorneys willing to take your case pro bono. It's definitely worth checking out.

Ok I just checked SAN DIEGO LEGAL AID does NOT deal with BK, they will give u advice but thats it. Any pro bono work is Los Angeles county, and they will not help you unless you live in that district. I couldn't find anything else listing San Diego county as having anything for low income wavier or other wise.

[tobee43]

Ok I just checked SAN DIEGO LEGAL AID does NOT deal with BK, they will give u advice but thats it. Any pro bono work is Los Angeles county, and they will not help you unless you live in that district. I couldn't find anything else listing San Diego county as having anything for low income wavier or other wise.

then you need to find an atty that will work WITH you...really...and good luck and happier new year....

[buffee]

Since this is MY thread, I'll ask these two questions here. I have a friend(who KNOWS EVERYTHING or so she thinks) she said you can longer PUT YOUR CAR ON A CHAPTER 7 IN CA...(doesn't bother me, I plan to keep paying on the car)
or MORGAGe is no longer allowed(DOESN'T effect me, never had one, never will)
just curious if MISS KNOW IT ALL is right!

[tobee43]

Since this is MY thread, I'll ask these two questions here. I have a friend(who KNOWS EVERYTHING or so she thinks) she said you can longer PUT YOUR CAR ON A CHAPTER 7 IN CA...(doesn't bother me, I plan to keep paying on the car)
or MORGAGe is no longer allowed(DOESN'T effect me, never had one, never will)
just curious if MISS KNOW IT ALL is right!

i don't if they changed since 2010.....but here's what i found...if debee comes on later she'll know if any critical changes have been made to the exemptions:


"California Bankruptcy Exemptions - CA Bankruptcy Exemptions

NEWS FLASH! On January 1, 2010 homestead exemptions rose to $75,000 and $100,000 of home equity for single and married debtors.

Federal Exemptions Not Allowed
Exemptions updated to include changes effective January 1, 2010.

California has 2 'systems' of bankruptcy exemptions.
You must choose one. Each has different exemption provisions.
California Bankruptcy Exemptions - System # 1
Real or personal Property you occupy including a mobile home, boat, stock cooperative, community apartment, planned development or condo to $75,000.00 if single and not disabled; $100,000.00 for families if no other member has a homestead; $150,000 if age 65 or older, or physically or mentally disabled; $100,000 if 55 or older, single and earn under $15,000 or married and earn under $20,000 and creditors seek to force the sale of your home; sale proceeds exempt for 6 months after received (husband and wife may not double the amount and may file a homestead declaration. D $75,000
Insurance:
Disability or health benefits
Fraternal unemployment bonds
Life insurance proceeds or avails if clause prohibits proceeds from being used to pay beneficiary's creditors
Fidelity bonds
Homeowners' insurance proceeds for 6 months after received, to homestead exemption amount
Matured life insurance benefits needed for support
Unmatured life insurance policy loan value to
$10,775 husband and wife may double to $21,550

Pensions

County employees
County firefighters
County peace officers
Private retirement benefits, including IRA's and KEOGHS
Public employees
Public Retirement benefits

Miscellaneous

Property of business partnership
Business or professional license, except liquor licenses
Inmates' trust funds to $1,350 (husband and wife may not double)

Personal Property

Appliances, furnishings, clothing and food needed
Bank deposits from Social Security Administration to $2,700 ($4,050 for husband and wife.
Note on Social Security:
Bank accounts which receive direct deposits from Social Security are exempt without making a claim if they have $2,700 or less (if one depositor is designated payee) or $4,050 (if two or more depositors are designated payees). Balances over the designated amount are completely exempt as long as traceable to Social Security.
Building materials to $2,700 to repair or improve home (husband and wife may not double amount)
Burial Plot
Health aids
Jewelry, heirlooms and art to $6,750 total (may not be doubled)
Motor vehicles to $2,550 in auto insurance if vehicle(s) lost, damaged or destroyed (may not be doubled)
Personal injury causes of action
Personal injury recoveries needed for support; if receiving installments at least 75%
Wrongful death causes of action
Wrongful death recoveries needed for support; if receiving installments, at least 75%

Public Benefits

Aid to blind, aged, disabled, AFDC (Aid to Families with Dependant Children)
Financial Aid to Students
Relocation benefits
Union benefits due to labor dispute
Unemployment benefits
Worker's Compensation

Tools of Trade

Tools, implements, materials, instruments, uniforms, books, furnishings, equipment, vessel, motor vehicle to $6,750 total (Motor vehicle limited to $4,850); to $13,475 total (Motor vehicle limited to $9,700) if used by both spouses in same occupation (cannot claim motor vehicle under both tools of trade exemption and motor vehicle exemption.

Wages

Public employees vacation credits; if receiving installments, at least 75%
75% of wages paid within 30 days of filing for bankruptcy


NOTE: These are the major bankruptcy exemptions.
Check with your bankruptcy lawyer for a full exemptions list.

California Bankruptcy Exemptions - System # 2
Homestead - Unused portion of homestead may be applied to any property. D $20,725
Insurance:

Disability or health benefits
Life insurance proceeds or avails needed for support
Unmatured life insurance contract accrued avails to $11,075
Unmatured life insurance policy other than credit

Miscellaneous

Alimony, child support needed for support

Pensions

ERISA qualified benefits needed for support

Personal Property

Animals, crops, appliances, furnishings, household goods, books, musical instruments and clothing to $525 per item
Burial plot to $20,725, in lieu of homestead
Health Aids
Jewelry to $1,350
Motor vehicle to $3,300
Personal injury recoveries to $20,775 (not to include pain and suffering or pecuniary loss)
Wrongful death recoveries needed for support

Public Benefits

Crime victims' compensation
Public Assistance
Social Security
Unemployment benefits
Veterans' benefits

Tools of Trade
$2,075
Wild Card


$1,100 of any property plus unused portion of homestead or burial exemption of any property. Total wildcard = $21,825


NOTE: These are the major bankruptcy exemptions.
Check with your bankruptcy lawyer for a full exemptions list.

Homesteads:
The exemption for a homestead is limited to $125,000 if the property was acquired within the previous 1215 day (3.3 years). The cap is not applicable to any interest transferred from a debtor's previous principal residence (which was acquired prior to the beginning of such 1215-day period) ;
The value of the state homestead exemption is reduced by any addition to the value brought about on account of a disposition of nonexempt property made by the debtor (made with the intent to hinder, delay, or defraud creditors) during the 10 years prior to the bankruptcy filing.
An absolute $125,000 homestead cap applies if either:
the court determines that the debtor has beeen convicted of a felony demonstrating that the filing of the case was a abuse of the provision of the Bankruptcy Code; or
the debtor owes a debt arising from a violation of federal or state securities laws, fiduciary fraud, racketeering, or crimes or intentional torts that caused serious bodily injury or death in the preceeding 5 years. NOTE: This limitation is inapplicable if the homestead property is "reasonably necessary for the support of the debtor and any dependent of the debtor."
The state you use for your exemptions is:

The state you lived in for the 730 days (2 years) before filing; or
If you did not live in a single state in the previous 2 years you use the state where you lived the majority of the 180 period preceding the 2 year period; or
If the preceding renders you ineligible for any exemptions then the debtor is allowed to choose the federal exemptions.
Pension Plans exempt from seizure:

Employee contributions to ERISA qualified retirement plans, deferred compensation plans, tax-deferred annuities, and health insurance plans.

Education Funds exempt from seizure:

Funds placed in an educational retirement account or qualified State tuition programs at least 365 days prior to a bankruptcy filing, within the limits established by the Internal Revenue Code, and for the benefit of a child or grandchild of the debtor, are excluded from the debtor's estate, with a $5,000 limit on funds contributed between one and two years before the filing."








i would like you car if you had one could also be under the wildcard exemption....

[buffee]

Oh Gee I hope my lawyer explains aLL of that like they are talking to a 3 year old(LOL)
reading what you just wrote made my head spin.

I have a mobilehome, valued at I tried to sell it now...25,000(ca real estate sucks) it is registered to me & my mom, but the legal owners are the Housing dept, because in 2007 they gave us 20,000 for uogrades(this is for low income) its a interest FREE loan that does not get paid back until u leave or sell.
I also did a homestead.

My car is blue book at 4400$ but I am still paying on it. Since my mom is in a SUBACUTE unit, I need it to see her 4 days a week plus I have tons of doctor appointments due to my disability.

My income is 800$ per month,

My debt including the car(I will still pay on) is 29,000

[LadyInTheRed]

There were CPI increases to many of the California exemptions in April 2010. I have yet to see a bankruptcy site that has been updated to show the current exemptions. For example, the exemption for an automobile is currently $2,725 under system 1 and $3,525 under system 2. See my blog for a link to a full list of the adjusted exemptions.

[tobee43]

Oh Gee I hope my lawyer explains aLL of that like they are talking to a 3 year old(LOL)
reading what you just wrote made my head spin.

I have a mobilehome, valued at I tried to sell it now...25,000(ca real estate sucks) it is registered to me & my mom, but the legal owners are the Housing dept, because in 2007 they gave us 20,000 for uogrades(this is for low income) its a interest FREE loan that does not get paid back until u leave or sell.
I also did a homestead.

My car is blue book at 4400$ but I am still paying on it. Since my mom is in a SUBACUTE unit, I need it to see her 4 days a week plus I have tons of doctor appointments due to my disability.

My income is 800$ per month,

My debt including the car(I will still pay on) is 29,000

until someone else knows better...and really i would WAIT until debee reviews this....she knows CA like the back of her hand! LOL!!! it seems you're ok....really with the mobilehome and everything else to go a chapter 7 no asset...

[tobee43]

oh! so tell you MISS know if all...i think she's incorrect and prove different....but wait for deb... or post in the the calif. bk discussion group area....http://www.bkforum.com/group.php?groupid=1

[LadyInTheRed]

Oh Gee I hope my lawyer explains aLL of that like they are talking to a 3 year old(LOL)
reading what you just wrote made my head spin.

I have a mobilehome, valued at I tried to sell it now...25,000(ca real estate sucks) it is registered to me & my mom, but the legal owners are the Housing dept, because in 2007 they gave us 20,000 for uogrades(this is for low income) its a interest FREE loan that does not get paid back until u leave or sell.


I also did a homestead.

My car is blue book at 4400$ but I am still paying on it. Since my mom is in a SUBACUTE unit, I need it to see her 4 days a week plus I have tons of doctor appointments due to my disability.

My income is 800$ per month,

My debt including the car(I will still pay on) is 29,000

Exemptions are based on the equity in the asset. It sounds like there is little or no equity in the motorhome. If you use system 2 and have more than $3,525 equity in your car, you will be able to use your unused homestead exemption to exempt the rest of the car. An attorney will help you figure out which exemption system is best for you.

[buffee]

ITS A mobile home NOT a motor home........I am not that bad off......yet(LOL)

[tobee43]

oh! so tell you MISS know if all...i think she's incorrect and proof different....but wait for deb... or post in the the calif. bk discussion group area....http://www.bkforum.com/group.php?groupid=1

or for ladyinred...

[LadyInTheRed]

ITS A mobile home NOT a motor home........I am not that bad off......yet(LOL)

Brainfart. Sorry. I read and understood it to be a mobilehome, but typed motorhome. Sometimes I think that moving out of the house and into a motorhome and traveling from place to place might not be such a bad idea.