The case management conference occurs prior to the trial and is a chance to get the parties together and for a status of the case to be given to the court. A trial date may even be chosen that day. A garnishment will not come until after the trial so there may still be some weeks left.
Your best bet is to get in to see a bankruptcy attorney now so that all your paperwork is in order and the filing can get done quickly. Many bankruptcy attorneys, such as myself, offer free consultations....
When attorneys are answering questions on Avvo, they ARE working for free. Perhaps you didn't read my answer: I stated that we attorneys do so VOLUNTARILY.
The only pathetic thing about Avvo is when people who ask questions feel the right to criticize the very attorneys who are voluntarily answering their questions. By asking questions you are admitting that a) you are in legal trouble over your head and b) NEED an attorney to solve your problem.
As for pro bono, I, along with many...
Since the court does not have the ability to modify, or rewrite, the mortgage then your remaining option is to file a Chapter 13 to catch up on those missed payments. Hopefully, you do not have too many in arrears so that you can afford a reasonable amount (over 36 months) in addition to your regular mortgage payment.
PS Although there has been talk of legislation to require judges to modify mortgages in bankruptcy cases, such is not yet the case.
You are seeking a legal malpractice attorney. To find a good one, do your homework. Call the referral services for the county and state bars and have consultations with attorneys until you find one that you think is a good match for you.
You should report the fraud to the IRS and also file an Amended return for the year in which this happened. Call the IRS helpline and ask if you can file separately for that year, considering the past fraud.
If he told you you had $3259 due then he converted that to his own personal use (by depositing it to his own account) then that is a crime and I would also file a police report on it. You may only get the money back from him in a small claims court IF there are no criminal charges...
Was your entire checking account was seized? If the majority of funds were SSDI funds then you should contact the bank immediately, advise them of this, then ask that the funds be replaced.
Call this number . . . IRS Taxpayer Advocate: 1-877-777-4778
If your reasonable expenses are more than your income you may be eligible to have an IRS levy from your bank account refunded. The IRS will have a telephone interview with you to determine your ability to pay. This includes and discussion...
I am assuming you get SSDI yourself . . .
Dependents (spouses and minor children) may be entitled to monthly payments in addition to the benefits paid to the worker. However, a separate application is needed for eligible dependents.
In some situations, a divorced spouse may qualify for benefits based on your earnings if he or she was married to you for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce your benefit or any benefits due to your current spouse or children