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Step One: Pay Lawyer retainer (check)

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    Step One: Pay Lawyer retainer (check)

    The ball has started rolling. After interviewing 2 different laywers, and being stood up by a 3rd we have selected our representation. The only question is what we will end up filing, 7 or 13. We are above the median to easily pass for a 7, but we are negative DMI when we itemize all expenses for a 13. I still dont understand where this leaves us - somewhere in the BK Twilight Zone...

    We should have our answer after the lawyer goes through the 10inch high stack of paperwork he requested. We may have gone into information overload, but I didnt want to miss anything. He said that we should know where we stand by Wednesday, maybe sooner. With that said we can then file as soon as Thursday, I just have no idea which chapter yet.

    I guess I still have a few more sleepless nights to go.
    03/25/10: filed BK13, 05/05/10: 341 completed,
    06/24/10: confirmed (7% to unsecured)

    #2
    So its friday, and we have been emailing info back and forth with the lawyer's paralegal who is getting things prepared. So much for finding out by wednesday where we stand.

    I need some reassurance from the BKforum community on this, thought. Its a good thing its taking so long? That means we must be really be close between a 7 or 13?

    The paralegal says she cant discuss, that the lawyer will call me monday. All I could get out of her was that it still wasnt clear which chapter would suit us best.
    03/25/10: filed BK13, 05/05/10: 341 completed,
    06/24/10: confirmed (7% to unsecured)

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      #3
      Originally posted by Amadan View Post
      I need some reassurance from the BKforum community on this, thought. Its a good thing its taking so long? That means we must be really be close between a 7 or 13?
      I think it's a good thing that it's taking so long. It sounds like the paralegal is actively working on your case and being thorough. It's very difficult to estimate how long it will take to review and analyize 10 inches of paperwork. If she needed further information from you, that extended the time.

      Originally posted by Amadan View Post
      The paralegal says she cant discuss, that the lawyer will call me monday. All I could get out of her was that it still wasnt clear which chapter would suit us best.
      This is a good sign that the paralegal is being property supervised. She probably has a good idea what Chapter you will need to file, but to tell you without first reviewing your case with an attorney would be the unauthorized practice of law. Part of the delay could be that she hasn't had the time to sit down with the attorney to go over your numbers.

      Try not to worry and go have a good weekend. There's nothing you can do at this point to change what the attorney's advice will be. Monday will come soon enough.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Looks like our plan will be a 13 at about 20%. It may not be perfect but I am feeling better.
        03/25/10: filed BK13, 05/05/10: 341 completed,
        06/24/10: confirmed (7% to unsecured)

        Comment


          #5
          Originally posted by Amadan View Post
          Looks like our plan will be a 13 at about 20%. It may not be perfect but I am feeling better.
          Congrats.... The fact that you feel better is what it is all about.
          Doesn't matter if anyone else likes it, it is all about you liking it and being able to get past the quagmire of debt/creditors... and get onto bigger, better and more productive things.

          Comment


            #6
            It gets better. We are filing 4/1, April Fools Day. The wife and I actually had a giggle-fit over that last night. Silly, I know, but with the stress weve been under for the past year I think its well earned.
            03/25/10: filed BK13, 05/05/10: 341 completed,
            06/24/10: confirmed (7% to unsecured)

            Comment


              #7
              Originally posted by Amadan View Post
              It gets better. We are filing 4/1, April Fools Day. The wife and I actually had a giggle-fit over that last night. Silly, I know, but with the stress weve been under for the past year I think its well earned.
              That is fitting, and funny too; April fools day. Glad you are able to get a relief from the stress with a good chuckle. You've got to keep you sense of humor about you even in these rough times of Bk filing. As the old proverb goes, "this too shall pass".

              Thank God, huh.

              Comment


                #8
                UPDATE:
                We ended up moving faster than anticipated so April 1st is out for the file date. But we are OK with that since the latest numbers with current paychecks for schedule I & J, along with some great advice I picked up lurking on a few "expense" related threads have got us locked into a very solid plan that will pay back unsecured creditors at 7%. The lawyer is very impressed withe the work I have done, so thanks all around to each and every one!

                Obviously we are still just getting started, it will be a month or so before the 341 meeting, and then longer for the confirmation hearing. But we cleared the first hurdle. I think we will be getting some good sleep tonight.
                03/25/10: filed BK13, 05/05/10: 341 completed,
                06/24/10: confirmed (7% to unsecured)

                Comment

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