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Is Attorney pushing too hard for BK?


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Saw my attorney today.

Advised me on local courts and how to get some extra time I need before possibly filing BK.

He wants me to file BK right away, to keep them from seizing my checking acct. because of direct deposit.

I was able to stop direct deposit so I can go w/o checking acct. and not loose $. will get paper checks from now on.

Am going to DV all of course, some are paid off, but not showing, some have been making pmts, but were turned to collection anyway (medical) I hope this will buy me some time to know for sure if I will have to include house in BK or not.

Am probably facing BK, but I need to buy as much time as possible before filing. Actually til after Jan.

My daycare license renew in 1-05. husband is up on assault charges for screaming in the street the night his brother committed suicide, bad deal. Probably will not know outcome for another mo or so. Attorney has him in anger mgmt classes to try to get prosecutor to drop charges, hope it works.

Reason I need to buy more time til after Jan. is if he is convicted, he will have to move out of the house or I will loose my daycare license per KS statutes. I also want to make sure the surveryor who renews licenses, is not going to try to get my license revoked even if he is not in the house. Have known her for quite sometime and this is her style.

If I loose license I loose it all, no doubt about it. I don't want to file BK, keep house and then end up in situation where I need to file on house also, but can't.

Can anyone see a reason other than seizing checking account attorney is trying to get me to file BK so quick?

I have some $ to pay for BK and a bit saved. about 10% of what it would take to settle all debts. I need to have some work done on my vehicle and house repairs.

Attorney explained couldn't transfer or have large sums of $ less than 3 months from filing.

What about fixing things that need it etc. and having paper trail for it? Really want to keep house, but can't if loose license

Seems like a bad dot to dot nightmare illustrated by steven king.

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You know, its really hard to tell with lawyers...in searching for one to handle all our problems, I always got the feeling that their sense of urgency was controlled more by when there BMW payment was due as opposed to what was best for me.

The only reason I know of to file sooner rather than later is to avoid judgements and liens. Those things don't usually happen overnight, and you should have some warning they're coming, but some could sneak up on you. Although most can be discharged in BK, the paperwork is harder. And, if they should snatch your bank account or repo your car, then its that much more complication in your life.

As for spending money prior to filing...as long as you don't charge it...our lawyer said that here in ohio, most trustees do take into account that you need to keep your car running and the roof on your house. Probably, as long as the money you spend is "living expense" as opposed to running up bills prior to BK, the trustee wouldn't even notice.

And your license renewal? Will this surveyor look at your CR? Is the fact that your husband has even been accused going to have any bearing?

You got some problems, lady...I wish there was more I could do to help...

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I'm guessing there is more to the story. Do you have judgements now? Student loans you aren't paying?

If you have extra $$$, use it for the car and household repairs and your husband's atty fees. Like willing says, pay cash for it, try not to use your cc, as the trustee or ceditor might think you were running up the debt buying goodies before declaring BK.

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I have no judgements or leins ag me at this time.

1 cap 1 is the one suing me, will go monday and get it passed per my attorney's instructions.

I have never had a student loan, no past due taxes..

My vehicle is paid for would sell for @ 5000.

Bank acct. my name is on 3 check acct. now, mine, dh, and daugther. on sat, it will be removed from their acct. Bank said is a form we all can sign to remove my name, with out closing accts. Anyone heard of this?

Good idea or should we just close and reopen?

All checks I have written should be cleared before this sat. also

Have some $ money in daughter's acct. to pay BK fees, not enough to get cc to settle

I think I need to have her w/d and pay cash for the following items I so depsartately need.

500 to state program who is reroofing our house. Income is so bad we qualify for new roof and thats all we pay.

also get new furnce and house weatherized. furnace hasnt worked for 2 yrs and use wood heat and electric heaters in winter.

My vehicle needs at least a good 500 spent on it to keep it running.

just had to replace altenator and battery

I need to buy: dryer hasn't worked in 6 yrs

washer is dying badly, its about 22 yrs old doesn't hardly spin water out anymore

havnet had working dishwasher in 4 yrs

and then of course BK fees and dh attorney fees.

license renewal: she will not see my CR, but I am required by law to fill out a KBI background check at @ renewal. You have to list all members living , working, volunteerying in household who are over age of 10 or 16, not sure which, and all personal data.

they run KBI background check on these people.

you also have to fill out questionnaire and sign taht certifies several things, but the one that applies to my situation is no one listed can be convicted of a FELONY OR MISDEMEANOR crime against persons. well teh assualt charges fall in right there.

If he is convicted they have every right to take my license if he doens't move out of house. Inspector may even go after even if he moves out.

also if I continue to care for SRS children and know I am in violation of statutues, they can then bring me on charges because I signed a contract with them to follow regs. and laws regarding my license. So I can't take the attitidue maybe they won't find out.

about the only thing more there is to the story is that my husband's family have always thought they can treat small town cops like crap and get away with it. Just stupid crap normal citizens wouldn't do. His mom has a neighbor who is a known drug dealer who is in good with local small town cops, so he gets away with it. No point in trying to stop it has been going on for years literally.

So this is why the cops are really wanting to go after dh on assualt charges, they view it as a way to get back at his family. hazards of small town life you get crap like this, oh well.

It ws stupid and me and my children have to potentiall suffer for it, but life is not fair

I hope everyone knows how much I do appreciate all the advice and help

gotta cowgirl up and get tough!!!!!!

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actually no I had not thought of that.

Had thought about KBI, but then heard that a retired KBI officer was living in town and cops were bragging about how they would use him to consult on cases as needed for them . just figurered in that case would KBI probably would be a no end or bad idea.

just a thought here also.

the guy is also on disability and has been for years but is very physically fit, etc. does all kinds of stuff, wonder what agency would like to know about that.?

thanks

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