Posted on December 8, 2008 at 11:50 am I just filed for Chapter 7 and signed about 2 weeks ago. Around that same time my father passed away leaving me with about $26,000. I haven't recieved the money yet but i'm assuming I will get it in the next week or two. I owe about $30,000. I called my laywer today and he told me the best addvice he could give me would be to not go to any hearings and it should be automatically dismissed. The trustee should reschedule another one for about a month or so later. The lawyer or one of his reps will go to the second one and say they haven't heard from me. He then told me the BK should be dismissed within 30 days or so. Once and if we get it dismissed, let both automobiles get repossesed, by a couple more dependable ones with cash, so (i'm no longer upside down). Take the rest of the $ and put it in to my morgage. We then will file again in a few months. He says the second time we will get a new trustee and everthing should be fine. I asked him what the worst that could happen, and he said I would lose the inheritance, So I guess I got nothing to lose? What do you guys think I'm just wondering if I have any other options and what advice you guys can give me. I'm a little nervous that this may not be the honest thing to do and I don't want to have to pay a fine or go to prison?

Posted on December 8, 2008 at 12:50 pm why wouldn't you take your lawyer's advice? sounds spot on w/no risk to you. your only worry is the lawyer actually showing up for that 2nd hearing.

Posted on December 12, 2008 at 8:19 am It just doesn't sound ethical. It also sounds like fraud!

Posted on December 12, 2008 at 10:20 am court cases have shown that if a lawyer advises a client it isn't fraud. in fact, lawyers have almost no culpability per more court cases.

Posted on March 25, 2009 at 10:57 pm What I am wondering about is getting your vehicles repossessed. When I worked for an auto loan company doing collections, it was our policy that even if a vehicle gets repossessed, the client still owes on the vehicle the balance of the account after the vehicle is auctioned, in addition to having to pay for the repossession. So, if you owe 10,000 on your car, they take it and the reposession costs 800, there you are in for 10,800. Say they auction your car for 5,800, then you are still owing 5,000 on a vehicle you don't even get to drive anymore. This was years ago so maybe this has changed or maybe you are able to pay off that smaller amount, I would be wary about it, though. There isn't a way to have it dismissed because you have an extenuating circumstance that was absolutely unforseeable? This way you are actively getting it dismissed instead of playing the system.

Posted on March 27, 2009 at 12:16 pm Bankruptsy is not the easy way out.  There are many ways to get out of debt, but bankruptsy can have long term consequences. Listen to your lawyer, unless there is reason to suspect that he is trying to defraud you.  Most likely, your lawyer is speaking from experience. Don't simply assume that your credit worries are over once the bankruptsy goes through.  Student loan can survive bankruptsy and you would still owe. Please talk to your lawyer about this subject.

Posted on March 28, 2009 at 8:23 pm I agree that banruptsy is not the answer to everything and it can be quit frustrating when you think you may be faced with this kind of decision. I think in your case if you feel you are not getting all the answers from your lawyer perhaps get a second opinion from another on. You may learn more that way.

Posted on March 31, 2009 at 10:15 am Its better to go for a another lawyers advise because every ine cant handle the situation in same manner, might be he can give you some other advises.

Posted on March 31, 2009 at 10:59 am i would take the lawyers advice, he will probably help you out

Posted on March 31, 2009 at 11:32 am I don't know it doe's sound kind of weary to me as well maybe you should seek other means of advise, good luck to you and so sorry to hear of your dad passing on. best of luck to you cg1109