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Saw BK attroney and now I have concerns

Submitted by on Wed, 03/25/2009 - 18:33
Posts: 202330
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At first I thought this isn't going to be so bad. I think I will qualify for Chapter 7.

Now here are my concerns. I am self employed and my BF and I do this together. Because he has bad credit, and I had good credit everything is in my name.

Now here are my concerns as I read more here on the boards and the packet my attroney gave me to fill out. I have satelite TV service. We don't do anything and I live in a rural area. This is the only entertainment I have. Let me guess, they won't like that.

Also my attroney's packet wants to see cell phone bills. My cell phone bills are higher than many because I have 4 phones on my plan. My personal and my business( I was told to keep them separate), my BF's phone and his son's. I have reduced the plans to just what we need to get by. I do have text messaging and one of my phones has internet but I use it for my business to get emails for my business during the day. Is this also going to be a problem.

My BF is going to get very upset if we have to work this hard at our business and have nothing. I was making it until the gas & food prices sky rocketed this year. When you drive as much as we do in our business the high fuel bills were about killing us. I was spending 250-400 a week sometimes on fuel.

If they tell me that we can't have TV, OMG, not going to be good.

I also can't afford to get into this thinking 7 and then have them tell me 13. If it is going to be 13, I would be as well of to do something other than BK because I know he won't live like that.

Please give me some input.


I did not get to thet point yet I'm trying to save myself from BK but at the same time hired attorney and went thru lot of documents gathering and submitting to prepare my ch.13 petition again did not file yet so there was no 341 meeting nor court, but according to my attorney as long I can proof all I'm paying for I can keep it please tell me if my attorney is wrong, here are some examples what I put down as my living expenses for family of 4:

- food - $800
- out of packet medical expenses - $300 month
- cable/Internet/phone - $150
- cell phones - $170
- transportation (gas/insurance) - $500
- elect./heating - $250
- pets (dogs) - $100
- school supp/books - $50
- prof. license fee - $80
- home/car repaires -$100
- mis. expenses - $100

I'm sure there was more but that is top of my head so summerizing after all my expenses, mortgages, my ch 13 plan would be $1100.00 a month for next 5 years
car loans are included in plan and I keep them, right now I'm paying $900 for both cars and have 2 and 3 years left so by including my car payments in plan they would extend payments over 5 years
so in any event I still would be paying over $35k to creditors via trustee payment, $1100 x 60 months - car loans which I would have to pay anyways, this is how I came out wtih minimum 35k
Like I said I'm trying to avoid this and working on settlement which would be somewhere around $50K so someone might ask why I want to pay 50K in lup sum as settlemetn vs $35k in BK?
well here is why:
- settlement is still better then BK on credit, I'm not so much concern about credit demage but future employment if I need to look for anther job lot of eployeers are checking your credit and you might be denied job because of that of course they will not tell you you did not get job b/c BK this would be inlegal
- I'm afraid 35k estimated here is minimum and could potentialy be increase if I get raises on my W2 and have agressive trustee
- here is stupiest part, all my expenses are on petition schedules, attorney is saying as long I can proof this is what I pay monthly all is good but there is no guaranties that these are going to be final numbers until it is approved by court which is stupied because filing BK to court is what puts BK on my record so if it goes to court and they will say you have to drop your Internet/cable, spend less on dogs, or food this is automatically going to increase my payment plan and if at this point I will say NO I cannot do this becasue this is actually what I pay and to do accept BK that does not taking it out of my record. At least this is what I found, am I wrong?
it is like outting your signature on buing a car without seeing it, then you do not want this car but you have loan
comments?


Submitted by on Thu, 03/26/2009 - 09:49

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This is in reply to the first post regarding whether or not you can have satellite tv or will they make you get rid of it. My husband and I just filed Chapter 7 last week and in all the conversations we've had with our lawyer, there was never any mention about having satellite tv or internet. We have nothing else so I'd be very upset if they found a problem with us having those "luxury" items. There's no mortgage because we lost our home of 20 years to foreclosure in 2006, there aren't any car payments because our cars are all at least 10 years old and paid for so I would hope that they wouldn't take that last little bit of entertainment away. That's the only extra we have. Everything else is just the basic necessities that you need to live.


Submitted by on Fri, 03/27/2009 - 20:36

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