I actually thought about suicide.....(long)

[tatt2monster]

.....howdy, how I wish I had stumbled on this website 3 months ago, the first time I considered filing Chap 7, I even paid an attorney 500 bucks and we were all set to file. But there was a fraudulent transfer issue involving the gifting of a car to my Mom over a year ago (she had gifted it to me to use while I lived with her temporarily, when I moved out, I no longer needed the car and gave it back, she has since sold it herself). I had visions of getting sued by her, the new owner, etc. My attorney felt that the value was so low he doubted the court would pursue it, he even listed the value of it as an exemption, but it scared me anyway because I didn't want my family to find out I was broke, so I decided to just hold off. Plus my attorney worked out of his home. He has been so busy with new cases that he was not available to calm my worries, he even got pissy a few times. Do these people not realize how frightening all this is? Did he not think I'd have questions? He came to my home to draw up the petition, dragging all his puter equipment with him, it was overwhelming, once he was gone and I could sort out the details in my mind, it would be understandable to have questions.

Chap 7 was the one thing I counted on since I lost my job last September; I was out of options. But now I have no choice, I got a call on Friday from a law firm that is also a CA (did they wait til Fri on purpose?). They said if I didn't come up with 2 grand by the end of April, they'd file suit in district court and that the papers were already drawn up and I should have known all this because they sent me a letter, which I never got, I keep everything well organized, this is not something I would have overlooked or ignored. He talked about 90 mph and barely allowed me to get a word in, he obviously had an agenda and didn't care to know that I'm unemployed, not eligible for unemployment, hoping to get work this summer, and that I'd try to send what I could. They don't care!

Which brings you all up to date. I found a new attorney, one that only requires 100 down. I think I can come up with another 600 right now. And I will see if I can borrow another 500 from family. I think I am going to be spending a lot of time in these forums, I'm so scared, this guy made it sound like I was going to be put in jail, it reminded me of some gangster trying to extort money out of somebody. I'm just a regular guy, that was living well within my means, until the economy collapsed. I'm all ready for the attorney tomorrow, and here are some of my initial concerns:

1. Don't these CA's or whatever realize what they are doing to people when they call? Do they care? I know that everyone has a job to do, but haven't they been watching the news lately?

2. The attorney I have found has made it clear that after I retain them, they will deal with my creditors going forward. But can/will this place still try and obtain a judgement?

3. My previous attorney AND an attorney on another website both felt that this particular fraudulent transaction would not be an issue based the facts and on the huge volume of bankruptcies the courts are dealing with. I know that attorneys need to be upfront about expectations, but I hope that my new attorney will do a better job of putting my mind at ease.

4. My credit card accounts have been closed for months so there have been no recent transactions. The place that is trying to obtain a judgement is representing chase manhattan. My other debts are related to hospital bills and other little incidentals, a couple of utilities, health club, tmobile, and a minor loan from a friend that i don't want to list but know it would be illegal not to. Since all this started I try and pay cash for everything because I'm worried they can find out what I've bought through debit card history, can someone confirm this? I'm not living the life by any means, but I'm not depriving myself if I can help it. I spend some of my tax return on me and I have no regrets about it.

5. Am I going to make it? Will normal life resume after bankruptcy? This has dominated every waking moment for 8 months now. My initial worries are paying the attorney since I have no job.

So any words of comfort would be very much appreciated.

Thanks.

[tatt2monster]

One last thing, since I'm new, I did do a forum search and didn't find a lot of info regarding fraudulent transfers, but have found out a lot of info about collection tactics, so the former is all I really am curious about if anyone has experienced the "gifting" of assets many moons before BK was even on the horizon, and maybe a little moral support would be kewl too. I turn 40 in one week, a time when I should have a handle on life, instead I feel like a failure.

[StartingOver08]

Welcome to the forum! You can ask as many questions as you want here. We are here to help in whatever way we can - even if it is to just listen.

As to the transfer, when did it occur? It sounds like it was quite a while ago. As I understand it, your mom gifted the car to you and then when circumstances changed, you gave it back to her and she sold it. When did you give it back to her officially (paperwork transfer)? BTW, not all transfers like this are fraudulent - if you have a good paper trail, it is just an event. Could be why the attorney was not that worried about it.

As to the collectors/CA's - they can be brutal. One of the best things about finding the right attorney is being able to get some relief with the phone calls by sending the calls to your attorney. Make sure the new attorney will accept creditor calls. It will help you begin to get back to normal - even before filing. This period during the relentless calls is the most rough. The lawsuit threats seem to be a normal CA type method of harrassment. One of the ways to cut down on those type of threats is to record the calls. The collections agents get real quiet with recorded calls (usually) - they mainly hang up!

If they try to go for judgement - it is a process that takes a while. Many of the courts are backed up. If you get noticed for a lawsuit, you can either respond or file. Even if you get the judgement, it will be worthless once you file BK.

The most important part right now is getting your peace of mind back.
Then you can realistically plan where you are going in the short and long term.

We usually suggest getting a job before filing so you have some income to rebuild your life once you have made it thru this process. If your attorney is taking the CA calls (once he is retained) it will make it easier to focus on getting a job. If, however, you need to put this behind you with a BK once and for all before concentrating on getting work - then only you know the right order to do this.

Please believe me, your life will be much better once you file and have been discharged. You need a plan to get there though - and you came to the right place to start!

[tatt2monster]

Thank you so much startingover. It is all so overwhelming. But I did meet with the attorney today. I signed the papers and put down the retainer. And so its on to the next step, which is approaching my parents about borrowing 500 bucks to pay the attorney.

My attorney will take all creditor calls, but I do have the unpleasant task of calling the one back that threatened to sue. My attorney said all I have to do is tell them I'm filing and to give him my attorneys name/number. He said I do not have to listen to their threats.

I don't know what to do yet about the job situation. I want to file the BK asap because I need for all of this to be behind me. I'm a little concerned that a change in income could affect the outcome of the bankruptcy; but since I do construction with a lot of my work being temporary day labor, my attorney doesn't think it will effect the numbers all that much.

On the fraudulent transfer, it occurred over a year ago in March 08 and your right, my attorney wasn't concerned. He said at most the trustree might have questions and want a copy of the title. With their caseload and the low value of the asset (an 01 Daewoo Nubia worth $2500 that isn't even made anymore), he just doesn't see it being worth the courts time. I have a credible story and all the facts are in order.

To conclude, I do feel better, especially now that I got good representation with an actual law office. I'm not knocking ham n eggers that operate out of their home, but that arrangement didn't work well for me. Best of all, I got a little 40th bday roadtrip coming up next week, paid with my tax return, not cc's. I can go have a good time without this elephant on my shoulders.

[StartingOver08]

So glad your meeting went well with the new attorney. I hope you have a good time on your roadtrip so you can relax a little and enjoy your 40th! Happy Birthday to you!

[Flamingo]

.....
5. Am I going to make it? Will normal life resume after bankruptcy? This has dominated every waking moment for 8 months now.

I think everyone who has come on here has posted something similar. Filing Bk is an emotional life event. It's an enormous upheaval and the emotional battle prior to filing as to stopping CC payments, calls by creditors, playing hide the car to avoid repossession prior to filing, etc., etc., can make one ill. My kids always told me I was like a lighthouse; standing there, beacon glowing and in control making sure all was taken care of and done. Well, losing 70% of our income and filing one year after that event almost gave me a nervous breakdown and turned the light out in the lighthouse, but, as you ask, yes, you will make it and life will eventually return to some sort of normalicy as time passes. For some it's immediate; for others it takes a while. We are 2 1/2 years past a Chapter 13 discharge and we will never go anywhere close to the place we were before we filed. There is no way I ever want to go through that again.

[tatt2monster]

StartingOver-Thank you for the birthday wishes.

Flamingo-I don't play hide the car but I do jump every time the doorbell rings, afraid somebody is going to be standing there with a summons. I live with other people, so answering the door is not an option.

I know I have no desire to ever go back to credit cards no matter how tempting the offer. My attorney told me that there have been reports of cards being offered to people before there BKs have even been discharged....whoa is all I can say!

By the way, I had a long phone call with my Mom tonight and she was willing to give me the money for the cost of the BK, she was VERY understanding and now I feel guilt for thinking otherwise, which fed off that feeling of shame.

[dingdong]

HI,

First of all, you are going to be ok!

Don't ever let money have any kind of influence on the value of your life. You are here for a damn good reason and your life is gong to get better.

Second. Don't listen to those futher muckin debt collectors, they are just tryng to make money, getting you to fold and giving you a guilt trip is the way they get paid. You are unemployed, they can't get anything.

Third. Even if the futher muckin collectors sue you and get a judgement, it goes bye bye in BK-so nothing to worry about there.

NOW LISTEN TO ME!!

Your life has VALUE! You don't ever go thinking that nothing is insurrmountable ( probably spelled that wrong) again. Your BK is going to make life a lot better in a few months, so strap on those big lug boots and step through the crap and you are gonna make it out the other side.

The economy is going to recover, it always does, and you are going to come out of this stronger and wiser than you were before-it is just one of life's lessons on your path, but your path continues, it doesn't end when you meet a little adversity.

We love you!


DD

[CarrieOakey]

My attorney told me that there have been reports of cards being offered to people before there BKs have even been discharged....whoa is all I can say!

I received three offers in the past three business days; one for a vehicle loan, two for credit cards. They ALL referenced my ch7 filing. (I haven't even had the 341 meeting yet!)

I made pretty paper aeroplanes out of 'em and let them fly into the trash can. But sheesh....

[thereshope]

This forum is very helpful knowing we are not alone in our situation. Being in a place of financial distress is hard. Go for a walk and get some fresh air and realise that you'll make it through this. I had anxiety for about 2 months after the bk realization. I really wanted to be alone, I didn't want to do a lot of the normal activities that I do. I'm getting past that. But take it a day at a time, today is hard enough without worrying about tomorrow.