found good attorney---

[One Half Full]

I had been talking to (did not retain) a lawyer who seemed to not be too intrested in my case. I really did not have too much confidence in him. Today I called around and found an old wheeler-dealer-type who generally works for the other side. He charges a bit more, but seems as sharp as they come. He told me I will lose my car, and will also help me live for free, by helping with the correct paper-work for something like 8 months. (I will be forclosing on the house. Good riddance.) I feel sad about the car. It was the best car I ever had. I got into the stick-shift. But, I was paying twice its blue-book value and he said they would never re-affirm that.

So now that I have the lawyer, I am getting the up-front money to pay him, I am no longer paying the credit card, I am not going to pay the car or the house (since I will lose them) I plan to file at the end of March.

My main question now is since I will be banking much of my paycheck (rather than paying 85-90% in bills,) will they take that money away? I am assuming they can take anything up to the actual filing (end of March). But that is being saved to pay the lawyer. Otherwise, I have no ability to save any money.

any thoughts on whether I am doing things right or wrong and what I might improve on?

Oh, I havent heard from any creditors because I tend to change my phone number a lot. I've gotten desperate post cards in the mail telling me so-and-so is desperately trying to contact me (uh, yeah). Am I supposed to tell these people how to contact me? As far as I know, I shouldn't be talking to anyone.


Also, since I know I am going to lose the car, should I call the car company? I have a sort of insurance policy on it where it gets paid off if something happens to me. I could use it for a while longer. Should I still pay it as though I did not know I would lose it?

[MomIcantFindmy]

Sorry about the car but when all this is said and done you can buy what you want. Find out what your state exemptions are for money in your bank account on the day you file. You cannot hold extra money in the account on the day you file but I am sure you could find a use for the money you are saving right now. Maybe stock the freezer, new clothes for work, haircuts, stuff you have maybe done without that are NOT luxuries but nessesities we tend to leave out when we have to make hard choices to get by. The credit companies cannot (legally) take your money out of your account without a judgement.

I am happy for you because you sound so in control of your life and decisions. good luck!!

[FreshLikeADaisy]

I am assuming they can take anything up to the actual filing (end of March). But that is being saved to pay the lawyer....

Actually, no, as far as the bk is concerned, whatever is gone by the time you file is gone forever. If the trustee thinks you paid someone too much, the trustee goes after *them*, not you. Hence all the advice about spending any tax refund PRIOR to filing.

On the other hand, if you are referring to creditors, they can get judgements and writs of garnishment until you file bk; once you file, they can't garnish your wages or levy your bank accts.

BTW, consider continuing to pay the car note for as long as you want to keep driving the car, and do not file an intent to surrender or reaffirm it in your bk filing: you have that option open basically until you sign a reaff or give the car back. So keep paying and keep driving, and it may actually be that in the end you keep the car if the pmts are not that extreme, or that you can drive it almost up until discharge before giving it back. But if you file with the intent to surrender, they will want the car back probably sooner rather than later, so keep that in mind. Good luck!!!

[One Half Full]

BTW, consider continuing to pay the car note for as long as you want to keep driving the car, and do not file an intent to surrender or reaffirm it in your bk filing: you have that option open basically until you sign a reaff or give the car back. So keep paying and keep driving, and it may actually be that in the end you keep the car if the pmts are not that extreme, or that you can drive it almost up until discharge before giving it back. But if you file with the intent to surrender, they will want the car back probably sooner rather than later, so keep that in mind. Good luck!!!

Good idea. I was looking it up on e-bay motors and it seems that it is very close to the higher price for that style and model. I need to get some repairs done on it asap. I will just keep paying for it.