Filing Bankruptcy questions (florida) need some serious help

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Q. I am planning on visiting a local bankruptcy lawyer in a few days to discuss filing for bankruptcy, but beforehand I have some concerns on what I should say and not say... My current debt is as follows: MBNA = 2600 Providian = 3200 Amex (blue) = 1500 ITT (school loan) = 1200 Capital One = 600 Apartment = not sure, haven't received any documents.. but I'm sure at least a grand (I couldn't pay the last month I lived there so I quietly moved out) I was technically evicted. I have not made any payments on any of these debts in many months. AMEX & ITT quickly sent my debt to a lawyer in ft lauderdale (I'm located in orlando) and this whole lawyer situation is keeping my stomach in knots, I barely sleep at all, I'm sure you know. STRESSED out! At first I made an arrangement to send a hundred dollars a month, and did it for 2 months... I lost my job some time later, then my apartment (eviction) and well, more drama with keeping jobs, drinking heavily, drug use. I am finally on my feet again, and I finally answered the lawyer's last call and talked to them, he pretty much said unless I send a large sum of money that they will take me to court. I told him that I would be able to after I get my tax return (I lied to buy me some time)... This was 2 weeks ago, yesterday I received a letter from the lawyer saying: "our client has requested that we commence an asset investigation to determine the following: "your source of income" "employment history" "checking/saving accounts" "automobile" "personal assets" etc... and the letter goes on, that is the jist of it though. MBNA & Providian have setup settlements with me, I am currently in the process of settling with MBNA (pay 900 in 4 months). I can not afford to pay MBNA, Providian, and this damn lawyer. The calls from Providian have stopped for the moment, but I'm sure soon I will get another offer to settle (I HOPE).. and I plan to settle that debt, for now I am focussing on paying MBNA off in the next 3 months. My first question; If this lawyer does pursue this and I have to go to court, what exactly am I going to face? What can happen to me? I work as a server (cash tips daily) my bi-weekly pay checks are $30 if even that. I claim 8-10% of my tips (minimum by law) Can the court reposes any of my assets? -I live with 2 roommates in a 2 bedroom, We have the basics (TV/computer/furniture/etc) (I could just easily say my roomies own all of it, right?) -I own a 91 mustang (payed off, have title) worth 5grand or so. (Can they repo my car?) -I'm not on the lease on this apartment, does this matter? -Is it true that if I send as little as $10 a month to the lawyer, he can not take any legal action.. because I am paying him(?) or does this apply to credit cards? People have told me to just send 10bucks a month and they will stay off my back. -Should I transfer the title of my car to my parents to avoid it being repo'd? -If I do end up having to go to court (I know there are additional lawyer/court feeds that I'm going to have to pay) What If I don't have the money? Do they just add that to my balance? -If the judge rules, or whatever it is he/she does; that I have to pay, and I can't make the payments do to the fact I don't have the money- can I go to jail? -Most of the purchases I made were small things (going out to dinner ALOT, gas, clothes, dvds, clubbing, partying) Nothing big (like a TV or stereo). And the last purchase on any of those cards was OVER a year ago (I remember hearing that if you are considering filling for bankruptcy that you should WAIT one full year since your purchase) to avoid having to pay back whatever it was that was purchased. Is this true? -My Capital One card limit was $250. The balance now is over $500(late fees/over limit fees), they actually called today and (of course tried to get me to send a payment). I gave excuses and the lady just flat out said "look are you even going to pay this off or what" "-nope" and she hung up the phone (lol). Since the debt is so little, will it be written off as a bad debt? And I will never have to pay it? Of all the different companies (Amex, Providian, Capital One, MBNA, etc) Are some of them more strict on getting their money then others? It seems AMEX just took it to the extreme ASAP and sent it straight to a lawyer, MBNA kept trying to settle with me, calling once in a while, they weren't up my ass like AMEX. Providian tried settling, gave up harassing me for a while, then offered again... I'm just scared as hell as to what will happen, and, need to know what to say/not say If I get into that situation. I am planning on seeing a bankruptcy lawyer soon (in a few days) and I need to know the right questions to ask, what to tell her, not tell her, etc... I'm only 23 and have totally screwed myself over in a matter of months. hard lesson learned, I listened to the wrong people "go ahead and charge away, don't pay for it, and in a couple years you can pay a small portion of what you owed" -what an idiot. I only blame myself for being so naive. I'm looking for ANY advice, I just spent a couple hours going to web sites, which answered basic questions, but none of which I just asked.. Usenet is of course the best place to go to get answers, I totally appreciate any input!

A. If you have decided to file Chap 7, you should not worry about the financial conseqeuences from repo. In Chap 7, any deficiency from repo will be discharged anyway. I agree with your statement about the amount of my debt, It really isn't that bad. In actuality, MBNA settlement will be paid off in 4 months (YAY), & hopefully Providian will contact me with another settlement again (AND NOT SEND ME TO A LAWYER, nock on wood).... SO, those 2 will be over and done with eventually. My main concern is dealing with this whole lawyer fiasco. I emailed him and he said his secretary would call back/write back with an offer, still no word yet... I do appreciate all the feedback, Its steered me away from considering bankruptcy as my only option. I'm going to try and work with this lawyer, If he offers me a settlement (pay X amount of dollars in X amount of months) I will do it, I will work my ass off every day (doubles) and make it happen. When a credit card company (or whom ever) sells a debt to a collection agency or lawyer, do they sell it for the FULL amount? I figured either (A) A law firm will buy the full debt, go after the individual- add interest/court charges and whatnot; to make their profit (once the debt is eventually paid off that is) or (B) AMEX sold the $1000 debt at a discounted price to the law firm for X amount of dollars, thereby giving the law firm the ability to turn a profit by charging the full amount owed + interest and whatnot. I'm crossing my fingers that it's (B)... and the law firm will offer me a settlement (less what I originally owed) and give me a pavement plan, like MBNA did. Till I hear from them, its still up in the air...

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