ch. 7 - keep assets?

I'm not sure about paying the difference to keep your stuff, but most bankruptcy consultations are free so I think the best thing for you to do is have a consultation with a different attorney and see if they concur :)

I'm not sure, because I'm not a bankruptcy attorney.

But... if you retain the attorney and pay for her services, then she is obligated to act in your best interest and provide sound legal advice. If you act on your attorney's advice, and it turns out that you can't "just pay the difference to keep your trade tools," then you would have valid recourse against the attorney for her malpractice. You could then sue her for your damages.

Although to use that basis, you should voice your concerns in writing (after you've legally "retained" her), and get her response in writing. That way if something bad does happen and you do want to hold her liable for any malpractice, it won't simply be your word against hers.

I've about had it. I bought my house 10 years ago, now it isn't worth what i owe, even on my first mortgage, the second is only another $13k.

I just did the pre-file budget & credit counseling online and NOWHERE did it mention being able to pay the courts for assets that exceed exemptions, they only talk about liquidation, and the assets that exceed exemption are small business, without them, I am out of work!

If the banks didn't run the economy and housing market in the dirt, I would sell my house and pay off all my CC debt and have money, should have 3 years ago when it was worth 70K more than now!

I paid the attorney retainer fee before I posted here, I'm going in tomorrow to get some things in writing... Will be interesting to see what shoots out of her mouth vs. what she's willing to put in writing...

2 hours to complete the initial paperwork? Took me 8, I may have over prepared, and over organized and left her paralegal little to do, but still... She said 30 minutes for the pre-BK budget and credit counseling certificate, took 2-1/2 hours to do online, and that was as fast as it would go, no argument there.

Even if I consult another attorney for a second opinion, I already paid the retainer CASH and signed an agreement that "fees are non-refundable"?

Live and learn? But I'm too old for this crap...

In the least I'll say this....

The bankruptcy trustee is not going to come to your home and take inventory, escpecially when the assets are relatively minimal. 1) Obviously your tools have depreciated over time -- they are not worth as much now as when you first bought them. Maybe you simply understate their residual value (overstate the depreciation), and only list $2000 in trade tools that you have; 2) Take some of your big tools/machines and don't even list them. Unless you just recently purchased big-ticket items within the last few months and it shows on bank/credit card statements, the trustee isn't going to know what assets you had "in the past" versus what you actually listed on the schedules.

Obviously I wouldn't advocate perjuring court records; but the reality is, like I said above, the trustee isn't going to come to your house and compare what you really have to what you listed that you have.