Waiting Ch7 filed and received another court date?

[hmta1982]

Hello all,

Last week I filed ch7 with an attorney. Paper work not completed yet (will done in 1-2 day)

Today I received a CMRRR from an attorney (for 1 credit card I owned) they sent me a copy of a court hearing date on 6/20/2012 with a court file number on it (I think small court)

I do not know what to do now, please advise. Thank you.

[Coltfan1972]

Give it to your BK attorney and never think about it again. BK bombs everything (generally speaking) away. Lawsuits, judgments, collections, lawsuits, most restitutions, loans, contracts, ect....

[hmta1982]

Thank you - Thank you Coltfan1972 .... I will sent an email to him tomorrow.

[Coltfan1972]

Yeah, don't let this worry you. This is why you file BK, to get rid of stuff like this. As soon as the creditor gets the notice from your atty, you won't ever hear from them again. Good Luck.

[WhoCares1000]

What Coltfan said. This is what you are paying the attorney for.

[hmta1982]

Thanks all for reply.

But this morning my attorney said "He is not handle this law suit because he handle BK case only, so look on the web for help" ????

Now I faced 1 Default judgment (docked on 3/19), 1 hearing date (6/20). And my attorney said I am on his list probably begin this May he will working on my case? What do you thing? Can I cancel my check and looking for anohter attorney? I am frustrate ... :( Please advise please!!!

Edited April 6, 2012 by hmta1982

[Coltfan1972]

While your attorney is probably wrong for not talking to you and telling you what they did, what the attorney is basically telling you is, you are filing BK, I'm not going to mess with this lawsuit.

It's all going to be BK away so I'm not going to answer the lawsuit for you. You're going to be BK this away and if it is a lawsuit or a judgment matters not, it's all gone.

On a side note, from your posts, it sounds like (1) you have a completely crummy attorney or (2) you simply refuse to try and comprehend what the attorney is telling you, and he is fed up with you. It sounds like (1) to me.

It's clear from your posts, you have no clue how the BK process works. That should not be the case after one has already paid an attorney. You don't need to know the ins and outs of BK after hiring an attorney, but your basic questions should have been fully answered, and they have obviously not been.

You can stop payment and get another atty. However, expect your current atty to bill you something ungodly. On the flip side, you could BK his fees away also. Might be sweet revenge.

[hmta1982]

While your attorney is probably wrong for not talking to you and telling you what they did, what the attorney is basically telling you is, you are filing BK, I'm not going to mess with this lawsuit.

It's all going to be BK away so I'm not going to answer the lawsuit for you. You're going to be BK this away and if it is a lawsuit or a judgment matters not, it's all gone.

He is not answer like you (Thank you.) Also, I am not understand how is BK process (how long). I just follow his instruction to provide all of info. he need.

I am confuse now? Look another Att. or not? :(

[Coltfan1972]

Only you can decide to look for another atty or not. How much have you paid this attorney with funds that have cleared. How much have agreed to pay the attorney for work that has not been done?

I'm not an atty, but real quick, a chapter 7 BK is pretty simple.

Think of putting all your debts, lawsuits, judgements, loans, amounts owed pretty much anybody for anything, (as always there are exceptions with the law, student loans are one in this case), even parking tickets, money owed to a vet, money owed to a mechanic, just pretty much anything you currently owe, or could currently owe (here in your case those lawsuits), and putting them in a big pile on the 50 yard line of a football field.

Then imagine a couple of fighter jets flying over and dropping bombs on and destroying, not only the fifty yard line, but the whole football field. That is basically what a chapter 7 BK does, just destroys everything associated with your debt, and blows it away.

So it does not matter if the debt is a credit card your current on, a judgement from 20 years ago, or the judge has his gavel in the air and ready to bang it and declare you owe a creditor a million dollars, it's all bombed away.

So pretty much what your atty was telling you was to leave him alone because you're worrying over nothing. However, I understand, it's something to you.

[hmta1982]

I paid him in full. But I am on his waiting list. So, first come first serve. I am doing inventory all of my asset but not hand over to him yet because I afaird of I am missing something ??? I list from my toothbrush ... to gas grill ...

Anyway. Just come to this web I am confident now, I will going to shoping around another Att & let see? Thank you all for reply. Best Regards.

[Rudy Baylor]

Even though the attorney hasn't started your case he probably will not want to give your money back.

Ask the old/new attorney how lawsuits are handled when you file for BK in your state.

My BK attorney said that, in my state, once the BK paperwork is filed the lawsuit gets put on hold. Then after the BK is final the lawsuit goes away.

[Coltfan1972]

Well if you have paid your atty in full, I'm sure you're not going to get any objection if you find you another attorney.

P.S.

All toothbrushes, in a BK 7, are exempt from creditors. It's a special amendment that congress put into the BK law a few years ago. A BK13 does limit you to three toothbrushes per person in the house, but a BK7, you can exempt all the toothbrushes you want.

[hmta1982]

Even though the attorney hasn't started your case he probably will not want to give your money back.

Ask the old/new attorney how lawsuits are handled when you file for BK in your state.

My BK attorney said that, in my state, once the BK paperwork is filed the lawsuit gets put on hold. Then after the BK is final the lawsuit goes away.

Well I don't know in my state. Likely my case still on the air?

To Coltfan1972: I will looking for another one tomorrow and let see how they deal with my case?

Thank you all for reply.

[Coltfan1972]

My BK attorney said that, in my state, once the BK paperwork is filed the lawsuit gets put on hold. Then after the BK is final the lawsuit goes away.

BK is federal law. That is how it works in every state. A BK is a lot more powerful than a lot of people realize. Unfortuantley, it can have severe life long consequences, and BK should really be the absoulte, bottom line, getting ready to go live under a bridge, resort.

BK puts a "hold" is called a stay, on everything. Even things that are not able to be discharged in a BK are stayed, until the court can rule. You can literally have the sherirff walking out with your TV and the second the BK is stamped filed, the Sherriff is stopped dead in their track.

The repo man can be under your car, hooking up the chains and ready to load your car on the truck. The second that BK is filed the repo is stopped dead in their tracks, until the BK judge can rule.

It's the same with lawsuits. The jury can be seated and standing up to read the verdict, and if the BK is filed, the case is "stayed" put on hold, until the BK is over, then if there is anything not discharged, the lawsuit can pick up where it left off. Of course in 99.99% of credit card and consumer debt cases, the filing of the BK is esentially putting an end to the case right then and there.

BK is powerful !! It's also the reason you can't file it but every 8 to 10 years, depending on the chapter.

[hmta1982]

I forgot to mention that I have a Default judment 3/19 so I don't know when it will take my paycheck 25%? They will notified me and/or my employer first or they will take an action right away (ie: get into my house take whatever I have or frozen my bank ...)

Sorry for too many questions here but I couldn't sleep or even eat for almost from that day Even now I got an att. ?

Thank you for your value time.

[Coltfan1972]

Yeah Man, sorry, but you really got to get yourself to another BK attorney if you still have these questions.

These are just basic BK questions that should be answered with no issues. The judgment creditor has to file papers with your employer before garnishing your wages. Your employer has to respond and then the process starts.

But remember, 50 yard line and jets bombing? This is something else that gets bombed off the face of the earth.

Everything you have brought up takes a ton of time to happen. Your BK atty should have told you all this. I'm sorry they did not, you really need to get to another BK attorney, and in my opinion, tomorrow.

[hmta1982]

Thank you ... As I told you my Attorney alway said I am handle BK only! I will going to do so. How about he have all of my document sent to him? May be I will ask another Attorney how to handle my case. Thanks a Ton Coltfan1972, thank for your time. I feel confident a little now May be I will got a snack now.

[Coltfan1972]

"Thank you ... As I told you my Attorney alway said I am handle BK only!"

That's the point you keep missing. Everything is going to be part of the BK. So these lawsuits are going to merge into the BK. Your BK atty, in not so many words, has told you to let these lawsuits do whatever they want. They will never get anything because we are going to file BK on all of them.

The lawsuits will all go into the pile on the 50 yard line. If they go into the pile as a lawsuit or a judgement is 100% irrelevant. That is basically what your attorney is telling you. They have a semi-point. You're worrying over matters that are getting ready to be wiped away, and it does not matter at what stage the lawsuit or judgement is in, it's all going to be gone, as in 100% wiped away.

[hmta1982]

Thank you .... I will back if I found another good Att.!