Really need advice!!!!

[IamOld]

Everyone once again I need advice from the wisdom here.

I am being sued - PROBABLY can put off "judgement day" till...June AT MOST.

SO - problem my older child has a car that was bought with child's earnings BUT it is my name - it's and OLD POS - HEY - just realized that per Kelly's Blue Book it's less that $1,000 - NOW, it is the chld's car. SO - if I transfer it into his name NOW, Trustee won't like that right? BUT if I get a judgement against me hell no it won't be going to them! SO - if for some reason I can't file bankruptcy before judgement day, if I transfer the car into my kid's name, BUT!!!! list it on bankruptcy as an asset - in other words - I tell Trustee that yep, this car was transferred into kids name, but here it is, this is what it's worht - in other words disclose it, would that be ok?

And yes, I'm meeting with bankruptcy atty in a few weeks again.

Also I have another local lawyer to whom I'm talking to about the lawsuit.



THEN! re bank accts - my state has an exemption for a few thousand bucks against ANYTHING - in anyone's experience - can that be filed so that the creditor can't rape the bank account? In other words BEFORE the bank garnishment? Or is this another question for lawyer?


FINALLY!!! has ANYONE ever had an experience with this - if I lose (which I will come judgement day) has anyone tried to offer judgement creditor to put a lien on house (don't care, can't sell it don't want to sell it anyway - it's underwater) AND make large payments - does anyone thing that'll get me out of paycheck garnhisment???


THANKS TO ALL!!!!!!

[shark66]

I would NOT be worried about a car that's worth less than a grand. No creditor will come after that. Keep it in your name and sleep tight...

How much is the judgment in question going to be for anyway? $500 or $50,000? That makes quite some difference in the equation...

No one can touch your bank accounts prior to having a judgment...but after that, it's a free-for-all...

Good luck.

[IamOld]

A MILLION THANKS!!!!!!! shark66 - won't worry about the car then...



Well it WILL be for probably like $18,000K - the a-hole law firm claims already $3000 in legal fees meaning over 20 hours of work (how is that even remotely possible) at their hourly rate - twenty hours to type up one piece of paper and stick iit in the mail???

Like I said if it gets that far, they can put a lien on the house I'll pay them somehow but got to avoid wage garnishment somehow. Re the bank - well, my account is WAY WAY WAY below my state's exclusion...

[IamOld]

Also - regarding debtor's exams or interrogatory - if they ask list all bank accounts where I have money - if I have an account where on that day the balance is ZERO would I have to list that? Or is that a local lawyer question....

On top of everything spouse tells me that "we're done." Oh well. Kick me while I'm down - we're being sued jointly and severally :-)

[shark66]

How soon can you file?

[IamOld]

Hopefully before the "trial" which could be in later May or early June depending on the "busyness" of the court...I am hoping...won't know plan until we meet with banrkuptcy atty next in about 2-3 weeks. Essentially lawyer said don't we'll deal with it at appt. BUT I also have a free legal plan lawyer looking at it, hopefully I'll hear from him on Monday or Tues....maybe can get a postponement or two...

[shark66]

It sounds to me like you don't have much to worry about.

Try to sit down with a BK attorney (better yet a few of them), go over the numbers and determine the best course of action ASAP.

Good luck.

[IamOld]

THANKS!!!

Well for him ASAP is in 3 or so weeks. I make "too" much money (at least I did) because like an idiot, I've got several PT jobs to try to pay the bills...BUT I'm not "scared" of a 13 as long as it is LESS than what we had been paying.

By the way, we've got the bankruptcy atty, paid the lawyer, so we're just playing the "waiting" game...

May I ask one more question?

I've got a credit union on which I'm overdrawn (my fault) will make that good next pay.

BUT I'm also behind with their credit card - I havent' returned their calls - lawyer says to tell them to call law firm - BUT credit union is local which means they'll file suit too!!! So should I try to squeeze out a payment or two to them, tell them I was out of work...or just don't say anything???

[shark66]

If you already paid the attorney, waiting 3 weeks is completely unacceptable in my book.

I wouldn't be paying any creditor anything until further notice...

May want to lose a PT job or two in the process if that would cause a problem...just saying...

Good luck.

[IamOld]

Well, we just met lawyer for a regular appt ON THE DAY we got served - shame our appt wasn't later in the day - I emailed the firm, and (turns out I used the wrong email address) and the lawyer said, well, that's what the next appt is for...doesn't seem to perturbed...BUT just in case I've got the legal plan lawyer looking at this too.

But yes-I'd want to be on the phone with the lawyer for like an hour going thru every possible scenario...whcih I understand won't happen....so I mull it over in my head until I literally think of nothing else!!!

Re PT jobs - funny - he told me the same...am working on that - should be PT free (pretty much) for May and June if need be!!!

OH - and so you wouldn't be too concerned about the local credit union???

AND THANK YOU.

[discombob1]

Iamold, did I read your prior post correctly that your spouse is leaving you? If so, you may want to consider also consulting a divorce attorney. There is a lot to consider regarding BK and divorce, as many on this forum can attest. If I read that wrong, so sorry!

[IamOld]

THANKS Discombob1 -- that was the "bomb" last night...but - I WANT the bankruptcy done with...I literally cannot think past, around, through, under, over, etc it!!! The lawyer that's looking over the lawsuit is a general practice lawyer - will mention the divorce thing to him as well....funny - were we separated Ch 7 would be NO problem...

[discombob1]

Wow, you sure have a lot going on. I am truly sorry to hear you are going through this. Please be sure to take care of yourself. Use whatever support system you have... friends, family, clergy, therapist, whoever you can. BK in itself is stressful, but adding other challenges is definitely difficult. Hang in there!

[IamOld]

THanks so much - I will try my best!!!!!!! THANK YOU.

[chicagoannie]

Hi - about your credit union account - you don't have any direct deposits going into it. like paychecks, do you? If so, you should stop the deposits and open up an account somewhere neutral, where you have no credit relationships whatsoever. Whatever goes into your current CU account is likely open to being seized due to your credit card. No need for them to be grabbing your money if you are filing BK on their card!

Ditto what was already said about consulting a divorce attorney. Even if the split doesn't happen, the fact that someone has contemplated it means you need to be informed.