bunch of questions..m.

[graciebeth]

Ok I have a summons to appear Dec 1st for non payment to Capital One. I also have plans to file BK but dont have the funds, so filling before that date cant happen, simply cant. the only income I have is SS money since my husband died in 2003($1632 month), I dont work, have gone back to school full time, 3 kids, rent house,have old ragged jeep w/ near 300,000 miles on it paid for and a van not paid for.

I contacted legal aid a couple weeks ago for adivise, they finally called me back and the lady I have been talking to is GREAT, she mailed me a exemption form to fill out and file w/ the clerk day of the court, told me to get 2 copies made of it one for me and one to take into court with me. She also sent me papers for bankruptcy where I can file thru them for only $300, the problem is the letter said that I need to get them sent back in 60 days,but I wont have the money til Jan when i get my financial aid for next semester, I am going to call and discuss this with her but do you all know if I can hold off til then to send those papers in??

Also I was going to apply for a student loan thru school to help with paying things next semester, am going to have to go the main campus 2 days a week for classes and thats in the next county, its not TOO far but doing it twice a week for weeks on end will add up, currently Id be really really pushing it to make that happen right now, and it wont be better then.. Should I go ahead and apply for the student loan?---btw I could use that money to pay for the BK but dont know how fast that would come thru-- or should i wait til after the BK stuff gets going THEN apply for the student loan?? again I have no clue how the process of a student loan goes,but I do have the application here waiting on me to fill it out.. no guarantee Id get approved anyway,but from what I heard they are pretty easy to get..

I just dont know how it all works.. I know Id have to add the student loan in on the bk,but really if I paid people back with it I wouldnt have a chunk of it left or anything and could make it be gone quickly and account for it all.. Also I was thinking if I got the student loan Id pay the van off,would that be a good idea or not? maybe it would be better to just re-affirm it and then be able to keep paying it and have that maybe help my credit some AFTER the bk??or would it look bad if I got the loan and paid it off then filed bk? I dont think id have a problem staying under the $4000 exemptions even with it paid off,its high miles and always in the shop(and a 96, the jeep is a 94) but?>.....

oooh i just dont know what to do and what not to do.

oh and when I go to the court date for the summons should I mention to them that Im going to be filing BK or should I bite my tongue??

-grace

[AngelinaCatHub]

Grace; only a short note for now. Consider pro se, get the Chapter 7 book from Nolopress.com download about $17. You can get the filing fee waived in a hardship form.

I would not think it would hurt to tell your future law suit what they have to be expecting. But by all means do not ignore it. Best I can do for now. 'Hub

[francis]

gracibeth,since you get ss .if they got a judgement against you.i dont think they could take your ss for that judgement.only if it was sitting in a bank account.you sound like for right now you might be judgment proof.when you go to court.explain that you really dont own much that they can take.i am not an attorney,but you could ask your legal aid person if you are indeed judgment proof.

[graciebeth]

Legal aid said that indeed I fit the bill for judgement proof, also talked to two lawyers offices(not sure if I talked to paralegals, or to legal secretaries,was who answered the phone) and both of them said the same thing, judgement proof..

My plan at this point is to show up of course, have bank statements in hand to prove all deposits in bank are from SS checks,(going to see if I can get a paper from the bank showing the deposits from the past few months,if not then will just take in bank statements), I will have rent proof and utilities proof, van payment proof etc in hand as well.. just in case. and will have kids' ss cards in hand too,again maybe overkill but just in case I am asked to prove dependents, and wont hurt to have them. Oh and papers from SS stating what that is(even tho that will also be on the bank forms as deposits)

thanks

Grace

[graciebeth]

sigh. I really do not have a legal head, so not sure I want to do the pro-se thing. It intrigues me that people do that,but I just dont have the confidence in me to be able to go forward with that and not be petrified that i would do something(or everything) wrong. Im sure its not as bad as I imagine,but like I do not have a legal head and not at all familiar with legal stuff and ehh.. Hopefully I can hold it off til Jan and do it with my financial aid money, yeah that hurts but it's something I need to get done..

any advice on the applying for the student loan? should I do that not or hold it off??

-grace