Well had 1st meeting with lawyer today

[Freddy03]

Well I didn't think I would cry but I did LOL I just felt so bad like this was my fault for the BK.

So the lawyer is 90% sure we could do 7. We would have to do the means test w/ them to be sure. I'll pay the retaining fee in 2 weeks.

I asked all the questions (as suggested here - thanks). I felt comfortable with the group. It is a large firm.

He did say that I might have to pay the trustee for my husband's car b/c it's still in my name and kelly blue book value was $2500 and our exemption is $1000. He said it would depend on the trustee.

My main concern right now is a few things (suggestions welcomed):

1. I want to file asap because of the judgement and 2 other current cases.
2. It would be a stretch to come up with the money in 2 months.
3. Also I am behind 1 year in property taxes. I usually use my refund to pay it.
4. If I file now I would def lose my tax refund (usually around 3200)
5. If I file after Feb - I could possibly keep my tax refund and it would be only $300 month payments to pay the attorney.
6. If I wait til Feb I'm sure the 1st judgement is going to try to levy my bank account and garnish my wages.

Urgh I wish this wasn't so difficult. I can not let my wages be garnished.

Something funny that happened was the lawyer asked me how many other attorney's I have met with. I told him none. He was surprised b/c I knew a lot about BK and asked a lot of questions. So thanks everyone here!

[ccsjoe]

Freddy, first off congrats on finally meeting with an attorney. I remember that first step and how hard it was for me; I actually made and cancelled 3 free consults before going to one. Second, it sounds like you arestuck between a rock and a hard place here. Maybe you need to think about this in terms of prioritizing and being realistic. Let me offer a place to start. Realistically, when can you have saved the attorney fee? Prioritizing, how much of a priority above all else is it to not have your account levied & wages garnished? If the levy/garnish happens, can you still make ends meet & save for attorney? These questions will hopefully lead you to more questions....you will find the answer there.

Good luck

[Freddy03]

Thanks -

I'm concerned about the property taxes. Can you file if you are behind on property taxes??

I'm going to try and file in October and just lose the refund. The lawyer said if we give up the refund then the car prob wouldn't be an issue.

[JEM]

Thanks -

I'm concerned about the property taxes. Can you file if you are behind on property taxes??

I'm going to try and file in October and just lose the refund. The lawyer said if we give up the refund then the car prob wouldn't be an issue.

I did ask my attorney today about losing the refund since we will be filing closer to the end of the year. (October-ish) He said that the refund could be exempted. ??? Could you ask the attorney about doing that?

[Freddy03]

I did ask my attorney today about losing the refund since we will be filing closer to the end of the year. (October-ish) He said that the refund could be exempted. ??? Could you ask the attorney about doing that?

I don't think so b/c that was the first thing he said was I would lose this year's refund.

He also said that if they take the refund then maybe the $1500 I'm over in dh's car wouldn't be an issue.

Thanks

[drowning123]

I filed and I'm behind on property taxes. Why would you lose your refund? Wouldn't you be discharged before April 15? This is new to me. I don't wanna lose my refund. I filed on 8/19.

[Freddy03]

I filed and I'm behind on property taxes. Why would you lose your refund? Wouldn't you be discharged before April 15? This is new to me. I don't wanna lose my refund. I filed on 8/19.

That's what I thought too. The attorney said b/c we don't have any assets most likely the refund would be taken.

[drowning123]

They can't count future assets, can they? I guess the attorney is thinking about January 30. Who says you have to file as soon as you get your W2?

[SMinGA]

Its your asset now, already. Part of it is, at least. A refund you get for 2010 is money that was earned throughout 2010. If you cannot exempt it, the trustee can ask for a % based on when in the year you file. Such as if you file on 9/1/10, 75% of the year is done so 75% of your 2010 refund is part of your bankruptcy estate.

[Pandora]

you can exempt tax refunds, absolutely - so long as you have the exemption allowance to do so. we did - 100% of ours was exempted.

[Freddy03]

I don't think we can exempt ours. I'll have to double check what the expemption laws are for FL.