Posts Tagged ‘attorney’

Bankruptcy looks inevitable

Monday, September 8th, 2008

Well the last several weeks, store sales have been dismal. I’m not able to pay myself (Which is how our house payent is paid) and based on input from multiple bankruptcy lawyers, I am not paying anything other than necessary bills. Like electric, etc. I am not paying vendors, credit cards, etc.

This is from a two-fold reason… first the income just isn’t there. But, what I found from the internet as well as the attorneys we spoke to, if you pay some bills and not other this can be seen by the court as preferential treatment. The court can actually take that money back to disperse it evenly.

Here’s an example… say I pay one credit card $1000, andother one $500 and skip a third one. The court can see this as preferentail treatment to certain creditors and take the money back from the two I paid. I suspect you don’t see it for credit cards… but say you repay a family member, or pay off a car. This can lead to trouble. The court usually looks back about 6 months, but can request much farther back.

Be sure to check out some of the books I recommended in This Post for details or more bankruptcy info.

Bankruptcy lawer consultation by phone

Wednesday, August 13th, 2008

Today was another consultation, but by phone this time. The attorney took most of the same info the first one did. This lawyer seemed a little more personable than our first consultation. I suggested we would really like to do a chapter 7 instead of a chapter 13 if possible. In reality we will have no income left over if we have to close the business. He stated we would have to do the “means test” I spoke of previously.

He stated It would take a couple weeks to file papers once all the documentation was received. We also discussed debt reduction programs as you are now hearing about all the time. I seems there are TV and radio ads running all the time.

It is looking more inevitable as time passes. Store sales are not recovering after the slow month last month, and I am not able to pay some other bills now coming due. Rent is several months behind now. Oh-boy.

Finding a bankruptcy attorney

Saturday, August 2nd, 2008

So how do you find a bankruptcy lawyer? We started by looking online and in the local phone book for lawyers who specialized in bankruptcy in our area. Bankruptcy courts are seperated by state and district, so you need an attorney who can handle a case in your area.

We found two bankruptcy lawyers to talk to and my business lawyer recommended someone as well. So, now we have three people to talk with to get an idea who we are comfortable with, and get their advice on the situation. Most will offer a free consultation, or charge a minimal fee for this. Our first appointment is Monday.