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  1. #1
    Join Date
    Jul 2008
    Posts
    3

    Question Between Seeing Attorney and Going to Court

    My question involves bankruptcy in the state of: ohio

    Say tomorrow I go and see and an attorney about Ch7 or 13, he says yes you are a canidate for these and starts the paperwork and all that stuff.

    And say I have my court date December 1.

    I know I tell my creditors you need to call so and so at such and such number. But do I still make payments on my debts until the court date or do I stop doing that?

    And what about my regular bank and direct deposit from my job? Should I stop direct deposit and just cash my check (at some other place) and deposit what I want into my account?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Between Seeing Attorney and Going to Court

    You need to ask your attorney these questions. It really depends on what you file, a 7 or 13. But generally, while your in the process you shouldn't make payments to creditors unless it's a necessity (like utilities, child support and house payment if you have and are going to keep your house).

    Your regular bank account should not affect this at all. There is no need to stop the DD.

    I will tell you that the bankruptcy courts are backed up in Ohio. Be sure that your paperwork is complete. The turn around time is a bit longer than it's supposed to be.

  3. #3
    Join Date
    Jul 2008
    Location
    Michigan
    Posts
    39

    Default Re: Between Seeing Attorney and Going to Court

    Im in Michigan, and hired a bk lawyer on 8-18. I file on 12-1-08 too (chapt 7).

    I am in no way giving you legal advice - I want to make that clear. I will share what my lawyer told me.

    Im surrendering my house, vehicle, and boat. Not to mention 4 credit cards, and medical bills.

    He said do NOT make payments on anything. If I do, it could be considered preferential. I assume he meant that when I file, they will see I made $xxxx.xx payment on so and so, and say "why didnt you pay xx credit card with that money?" Im not sure, but Im guessing. They did tell me that since I am surrendering the house, vehicle, and boat, NOT to make payments on it because at this point I'd be throwing my money away seeing that Im just giving those items back to the bank.

    Again, Im as new to this as you are and am just relaying what my lawyer told me. Good luck and try not to stress out too much. I am finding out everyday that people all over the place are in the same situation.

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