Just got back from Att. Office... Now I am depressed!!!

[mesa777]

I need serious input here from other "problem gamblers"... I just got back from a free BK consultation this afternoon and feel like I am more depressed now than ever... should go out and rob a bank...

I have probably $70K on credit card debt, gambling, a house with a first and second mtg, owe more than the home is worth, own two vehicles, one with a full term loan, no equity and a other vehicle that I owe only $5500 on, worth probably $20K..

I told the attorney my situation, lost my ass via gambling, have every single transaction, paper trail, he said that he would not even touch my case via Chapter 7 as it would be too time consuming... I was going to ask him why he was even in business then... I dont think that the banks would stand a chance taking my case to court, I am a full fledged gambler, have bank statements/credit card statements showing losses via internet gambling, its not like I went to Europe first class..

I also then went on to ask about the means test... I thought that if you own a home that you can add this to the means test calculations even though you are going to give back the home in bk... I am probably going to move into an apt, all payments are current so that I do not have a problem getting an apt. when the time comes....

I just feel that things are getting worse for me.. how and the hell can the BK courts and their trustees even think about filing a lawsuit against me or trying to block a chapter 7 bk?? WITH so many people about ready to file in 2008 there is NO way in hell that they will challange each and every BK case.. I am currently attending Gamblers Anny meetings and meet bi-weekly with a phscyologist regarding my gambling...

I NEED PEOPLE TO GIVE ME ADVICE... This is horrible!!!! Please all gamblers in this type situation or a situation past please chime in here...

[danaf]

ok - time for perspective.

this was just one lawyer. not a big deal. i too have spoken to bad lawyers and good. probably your addiction made him nervous.

stop your gambling. move if you want to give up your house. stop paying cc debt and wait filing out so enough time has passed.

i wouldn't file now if I had your recent cash advances. it is something you did and something you will have to wait out in order to increase the likelyhood of a successful bk.

[Lindsay]

Maybe he's trying to get you to agree to a chapter 13. I heard that some lawyers will do that as they make more money. You should definitely see another attorney. From what you've posted, it doesn't seem like a real unusual situation. I know there are other gamblers on this board who have filed, hopefully one of them will sign on soon to help.

[mesa777]

The attorney seemed to be very worried about my "recent" cash advances in the $40K range... I understand that I cannot file BK now that I must wait awhile before filing... the attorney told me that he would not even consider filing a Ch 7 as he would be tied up in court for over a year due to the cash advances!! Is this true??? I have been making a little over the minimum payment each month, am current and will continue to make the payments until probably around July 1st, 2007.... Will I have problems with these cash advances in July? I have a SERIOUS gambling problem/addiction, AM going to GA, AM going to counseling for my problem. IF a credit card company would take me to court I assume I could bring up the gambling situation? Correct? JUST DONT KNOW WHAT ELSE TO DO HERE!!

[mesa777]

Also I advised that I am going to sell one of my vehicles, owe around $6K worth around $19K, am going to purchase a new vehicle, pay off the $6K owed to the lien holder, put down around $4500 on the new car, MAYBE have around $8000-8500 to use to pay bills, house payments if I choose, ect... Dont know what else I can use the money for... I NEED SERIOUS ADVICE HERE!!! Has anyone here ever been in this sort of a situation???

When the attorney went to calculate the mean test I asked if I could use my home mtg amount in the calcualtion of the means test.. he said NO if I was going to move out of the home.. HOW can this NOT be calculated in the means test? What happens if I decide to stay in the home, FILE bk with the house payments calculated into the means test and after the filing decide to move out???? I AM CONFUSED!!!

[mesa777]

Another thing... I told this attorney that there is no possible way for the BK court to fight every credit card case as there is GOING to be a tidalwave of bankruptcies due to our great President and the HORRIBLE economy...

[lrprn]

Mesa, set up appointments for free or low-cost initial consultations with 3-4 bankruptcy lawyers in your area. You'll get a range of opinions that way and will have a better idea of what approaches are going to give you the best long-term outcome with the least risk to you. You are doing what you need to do to stop your gambling - that's huge! You are wrestling with your demon with the intent to win - next to that, bankruptcy will be a piece of cake!

Keep moving forward and stay out of the casinos and private games - you're going to make it!

[jp2861]

I would talk to more lawyers. Your case doesn't sound any different than many I have talked to here in Nevada. I think this lawyers is blowing smoke up your butt or just lazy. Maybe he just wants the quick and easy filers. Even if a bank did object, there's nothing saying he has to represent you, is there? A good lawyer would sit you down and tell you the real deal, and what you need to do to pull it off, not just blow you off.

[PaKettle]

Definitely talk to other attorneys. This guy sounds like a jerk, or at least just a guy who only wants to take the easy cases.

Try asking your questions in the Ch. 7 forum - there's at least one gambler there who's been through the process, who might give you moral support.

[BKcrazy]

I had seen a real estate attorney that I got through the bar association referral. He was exactly on the dot with the half hour I paid $35 for. And was looking at his watch. I went all the way downtown for some information I already knew. I had been debating about short sales, deed in lieu and foreclosure. So, I realized I needed to see if bk was an option, and called the bar association again. The attorney I went to spent an entire hour with me. Told me he has handled cases for co-workers (work at the same bars), and what I would need to do before I could file. I decided I wanted to retain him. He did recently get a little short with me via email. But, I was really fretting a lot and emailing about a lot of things. I'm just waiting for the 341. I hired him because he was actually willing to spend time on his dime talking with me just during a consult. And I heard one before mine had started. And he does flat fees, and really, he knows his stuff. He said he had done many before the law changed, and many with the new law, and I think he has about 100 cases right now. The other attorney in the office was helpful before I came in as well, and even answered questions for about 20 minutes on the phone before the consult. They put me at ease. Find someone you like and will click with. I'm a worrywart, and they were laughing at me as time went on. But, they said court should go well, and he was pretty honest with me. Even suggested an appraisal on some jewerly just in case. He said please be honest with me, surprises are not good, and it will go smooth if you tell me everything. So, it was easy, he filled out all the forms during the consult.

[CastleKnight]

Get a second even third opinion from an atty. Our first consult told us we would each have to file separate BK's ....we are a married couple.And file third BK for our business to the tune of about $9,000 and do a Chapter 13. Second atty. said file Chapter 7 jointly and just close the business for a fee of $1799. We hired the second atty.They can be like night and day.....check out a few more attys. Good luck.

[CATCHMEIFYOUCAN]

Im a gambler, and the instant I read your post - I said to myself if that were me I definitely would check into a few more consults with other lawyers. Unfortunately when I filed I did not have any assets such as yours, except for a brand new car I had to buy a month before I filed and had to prove at least a month if not 2 payments already made on the car. With cash advances (due to gambling) its hard to say what a creditor will do. Because I've always kept up on my payments until it got close to filing. And there was one creditor (credit union) I did worry about (NFCU) I applied for a new cc $10,000 line and had the whole balance transferred over to another cc. Well I ended up blowing up the newly transferred amount at the casino - all within a few days. (March-April 2006 .. I filed July 2006). Being in a non gambling state unlike Nevada, I didn't have any issues (only that the Trustee wanted more than what my lawyer proposed). I also filed for ch13 for starters, as I was over the median w/2 full time jobs and I wanted to at least show that I was willing to pay back the creditors. My lawyer said, the creditors could object, BUT because you are paying them back it would be pointless for them. Its all a gamble!

Definitely go get a few more consultations. Best of Luck, Catchmeifyoucan

[stljohn]

Talk to other lawyers and get in a 12 step program.

I aint a gambler but had an addiction that was the root cause of my problems. If you don't address the gambling issue which is the root cause of your problems you aint gonna get it right. Trust me.

good luck mesa.

[mesa777]

Thank you.. I am currently attending GA meetings and going to a physcologist for my gambling problem... I sure the credit card companines could care less.... I went to another attn yesterday, was in the office for 1 hr with a paralegal, he took notes and such to then refer over to the actual attorney... He left the office for 20 minutes and then the attorney came in.. he told me that his office would not be able to help me now however for me to come back in about 4 months.. due to the recent cash advances... My question is this... Even if the credit card companies try to fight this I could then use my gambling problem for the reason for the cash advances... its not like I took the cash and went on a cruise... ect... I am going try to make the min payments until around June and then speak to another attorney... Another situation is on the means test why cant I use the house for the calculation of the test? I may change my mind after filing and stay in the house.. or leave.. why should this matter to the attorney????? ): ahh....................................

[lrprn]

I may change my mind after filing and stay in the house.. or leave.. why should this matter to the attorney????? ): ahh....................................

What matters to the attorney are your recent cash advances. He/she is likely aware that these will be a problem because of experience with other clients. Chances are the attorney's advice is sound. Just wait a few months and then file. Much greater chance of no objections that way.

As far as the house goes, will you be current on your mortgage payments when you file? You must be current when you file Ch 7 to keep the house.

Do your best to be patient with all the questions, Mesa. That's the only way the lawyers you interview can give you the best advice for your situation. You didn't get into your financial mess overnight - you won't get out overnight either.