Internet's First Get Out of Debt Community!

20+ Years of debt relief success

Slide to see your debt amount now

I filled out the paperwork for a bankruptcy but haven't paid, am I committed to it?

Date: Mon, 09/21/2009 - 09:20

Submitted by anonymous
on Mon, 09/21/2009 - 09:20

Posts: 202330 Credits: [Donate]

Total Replies: 6


I posted this in the BK forum but couldnt get any feedback, just checking here to see if anyone knows:

I have some debt issues and I'm practically to the point of a bankruptcy. I set up an appointment with a bankruptcy lawyer just to talk about my credit and weigh my options. He pretty much steered me towards a bankruptcy but I had it in the bank of my mind that it might not be my only option but it was the only way he was going to get money out of me. Anyway, I wanted to know exactly how much the bankruptcy was going to cost me so he had me fill out the paperwork and give him all of my information (1040's, pay stubs, assets, etc). In the mean time (3 weeks since I've heard from him) I opened up a debt consolidation program and have added my debts to that. I have about 20k in debt and the lawyer estimated that the Chpt 13 would cost about $500/mo for 3yrs + the starting fee's. Well that just doesn't justify a bankruptcy for me since I'll pretty much be paying for the whole debt but still have it on my record for 7yrs. So I started the debt program where I can pay off the debts but once its over I wont have the BK on my record. I wasn't sure if the debt program would accept my debts and I'm still not sure really since the proposals are still waiting on reply. However, the lawyer left a message on my phone today that he has all of my paperwork finished and needed me to call or come in so we could get it all taken care of. Am I now obligated since I filled out his paperwork and such? Even though I haven't paid and all I've had with him was my 1 free consolation? I really just wanted an exact cost before I made my mind up. If the debt program doesn't accept me than I really have no choice than to BK, however, if they do take me and all of my debt I think I would rather go that route. I dont think I actualy signed the papers, I just filled out all of the information so I could get an exact total of the costs.


Yes, debt settlement is a perfect solution for you, BK would've been overkill.

You are likely not committed to it because you did not actually *file*, nor did you sign the paperwork. The attorney may, however, attempt to charge you a fee for filling out the paperwork in the first place but other than that, you should be ok.

Hopefully you picked a good DS company that will actually provide you a solution instead of giving you bigger problems.


lrhall41

Submitted by Chrys Henderson on Mon, 09/21/2009 - 22:35

( Posts: 2538 | Credits: )


Definitely don't go the bankruptcy route. If you are going to have to pay your debts anyway, I can't see why you would want a BK on your report that will haunt you for a long time. The attorney really should not have recomended this for you. I would have no problem canceling going forward with him. Are you considering going with debt settlement or debt consolidation?


lrhall41

Submitted by Stewart on Tue, 09/22/2009 - 05:51

( Posts: 102 | Credits: )


Stewart,

Oogs said:Quote:

Originally Posted by Anonymous
So I started the debt program where I can pay off the debts but once its over I wont have the BK on my record. I wasn't sure if the debt program would accept my debts and I'm still not sure really since the proposals are still waiting on reply.


Chrys said:Quote:
Yes, debt settlement is a perfect solution for you, BK would've been overkill. ... Hopefully you picked a good DS company that will actually provide you a solution...


Since there are "proposals" that would require "waiting on reply" I would say that Oogs is attempting Debt Consolidation first, before they decide on settlement - unless, of course, he/she already has the funds to settle and just wants to get it done. I believe that Oogs is carefully examining his/her options in a responsible manner and I say:

Bravo!


lrhall41

Submitted by Chrys Henderson on Tue, 09/22/2009 - 21:38

( Posts: 2538 | Credits: )


Oogs, I am basically in the same boat you are in. Except, that I am being sued right now for about 20K. I am going to try my hardest to work out a payment plan.. but I know... that I CAN file a Chapter 13 if need be. I can show up on my court date, with my chapter 13 papers that I filed the day before... piss off the firm, if they don't work with me, and stop any further legal action from them... Yep... just keep that as a ace in the hole, not to use as a quick escape. Good luck to you, and always make sure you sleep on your decision...


lrhall41

Submitted by what_to_do74 on Wed, 09/23/2009 - 14:04

( Posts: 18 | Credits: )