changed attorneys

[frustrated7]

I had an appointment scheduled for this afternoon to retain the BK attorney and go forward with BK with them. I started getting really nervous and worried last night, especially regarding the attorney saying that the Trustee wouldn't go after the money I repaid my parents, even though from everything I have read it is likely that they would. Also, my new job means I won't be able to go in to the office there, as they didn't have any weekend or evening hours.

So...I started calling some other BK attorneys in the area. I found one who offered Saturday morning hours and I really like the attorney I spoke with. He is going to see what he can come up with to try to avoid the Trustee going after my parents and that $2,000 I repaid them, but I like that he didn't just tell me to not worry about it and then my parents end up sued. That would result in a huge problem with my parents relationship with us. I'm hoping this attorney can come up with a solution, he said there are some options we can consider and he is going to consult with some other BK attorneys to see what they would recommend. I feel good about this. My next meeting with him will be 2/28, at which time he thinks we may be able to actually get everything set and file on Monday 2/23. We have to file quickly or else my new job could push our income up to where we are not eligible for a Chapter 7 anymore.

[fltoo]

Because of your new job that might push you into a 13, ask the attorney if you can somehow "cover" the 2000. with the trustee instead of having them avoid the payment with your parents.

[frustrated7]

The attorney said that normally he recommends people wait if they had paid back relatives within the year, but usually when that is what is going on they only have to wait a few months. Because of me starting my new job, we have to file immediately to avoid being forced into a Chapter 13, and we can't wait a year to file. The attorney said that while my exemptions couldn't extend to them, there might be some way to come up with to avoid the Trustee going after that money. He said it might be possible for my parents to "reloan" the money to me, then I can exempt it, then I pay them back after this is all over. Or he thought maybe we could work out a deal with the Trustee where we pay a certain amount of money if the Trustee agrees to not go after my parents money. He's consulting with other BK attorneys to see how they think this should be handled. He also said he will probably call the Trustee to see what he/she thinks could be done. I feel better knowing he is trying to work something out.