confused & lost

[tylermom]

Hello everyone. I've been lurking on this site for awhile now and thought I would ask a question. My husband and I filed a Ch. 7. After reviewing the paperwork I noticed our attorney left out the child support I had been receiving. Once this amount was added into my income ($336.) per month, the attorney said more than likely that would put us in a Ch. 13. However, starting in the month of August my ex was ordered to pay $364.00, which is direct deposited into my checking account. My ex was ordered to pay 1/3 of our son's college expenses. This $364 per month is for college expenses. Although it is direct deposited into my checking account, I am not entitled to it because it is for college. Here is my question: Yes I did receive child support in the amount of $336 from February to July. However since effective August, 07 the amount I receive is for college how will this effect my bankruptcy? My attorney says the trustee will look at this amount ($364) as a "flow thru". I have asked my attorney if this will keep me in a ch. 7 and he said probably not. He says he is going to convert it to a 13 and they will do a new means test to determine my monthly payment. He also said there is a difference between the 7 & 13 means test which is news to me. We were really close to getting into a 7 to begin with and I do understand how the child support would have put us over but now I'm not receiving it. I apologize for this post being so long. Any input or thoughts would be greatly appreciated.

[Boscoe]

If you haven't already retained this attorney, I would talk to a couple more. If you are close, they should be pushing to get you into a 7. Now, attorneys generally charge more for 13's and some unscrupulous ones push the 13's so they get paid more. But that is NOT what you want. Fight for it - make them prove to you why you can't do a 7.

[tylermom]

Unfortunately we have already retained this attorney and have paid him $1,100.00 so far. I wish I could turn back the hands of time. I'm thinking maybe I could retain a new attorney and since the 7 has already been filed and converted to a 13 have the new attorney file a motion to intervene and get us back to a 7. I don't even know if this is possible? Or if any other attorney would want to even get involved with this mess...

[chpxiii]

tylermom,

I don't know if this is too late, but what about having the money for your son's college expenses directly deposited into a trust fund for your son, in his name, with the stipulation to be used only for college? That may be one way that the money doesn't show up as being "yours."

[tylermom]

I thought of that idea as well but have not done it yet because the attorney has assured me that this money will be considered a "flow-thru" or a "wash-out", therefore he says it won't be a problem. At this point I am just waiting to see what my monthly payment will be.

[chpxiii]

tylermom,

Well, good luck. Hope things work out for you.

[tylermom]

Thank you chpxiii. I'm just crossing my fingers for some good news.