If you make more than the median income...

[Brookamy]

what are the odds of being able to file 7? I know you have to do the means test but I would imagine it is difficult not to be put in chapter 13....

I've posted my situation on the site in a few different threads....any opinions?

[Flamingo]

Brookamy - under the new BK law effective 10/05, more people have to file Chapter 13 now than Chapter 7 because that is the way the BK were revised. The best thing to do is to sit down with an attorney and go over all your options. You do have income from your husband to consider since you plan to file alone but it may or could come down to the matter that if you want to keep your house, you will have to file a Chapter 13. There are all sorts of exemptions and other issues that will arise due to theh requirements in your state and your attorney is the most experienced person to deal with when it comes down to brass tacks. If you aren't happy with the first attorney you talk to, by all means see another one. But don't hold back any information as to anything with your situation because if and when you file, withheld or incorrect information can come back and make a mess of things.

[Lajazz947]

I just turned in my information to my attorney. I am well above the average income but on the means test I THINK I qualify for a 7.

I will let you know what my attorney says.

[Brookamy]

"or could come down to the matter that if you want to keep your house, you will have to file a Chapter 13."

Flamingo....why do you say that? I must be confused. I'm thinking that my mortgage payment will help me with the means test and showing that income doesn't cover my bills, etc... I'm not sure if I'm explaining that right...

I talked to one of the paralegals for one of the attorneys that I'm meeting with and told her that we make a little over the median and she said "well, then we will just have to work harder to get you into chapter 7." I guess I'll find out what that means, huh?

[Brookamy]

I just turned in my information to my attorney. I am well above the average income but on the means test I THINK I qualify for a 7.

I will let you know what my attorney says.

What makes you think that you qualify for 7?

[Flamingo]

"or could come down to the matter that if you want to keep your house, you will have to file a Chapter 13."

Flamingo....why do you say that? I must be confused. I'm thinking that my mortgage payment will help me with the means test and showing that income doesn't cover my bills, etc... I'm not sure if I'm explaining that right...

I talked to one of the paralegals for one of the attorneys that I'm meeting with and told her that we make a little over the median and she said "well, then we will just have to work harder to get you into chapter 7." I guess I'll find out what that means, huh?

Speaking with a paralegal in a law firm is not the same as getting advice from an attorney. A paralegal does not practice law so what they say to you and what can happen can be apples and oranges (I know cause I am one but our firm does not handle bankruptcies). I am just trying to keep you on an even keel prior to you meeting with the attorney because due to all sorts of factors that can and are involved, including the fact that you are filing alone but are married and will have income from your husband involved, it's best not to play guessing games and get yourself all wound up before you find out what you can actually do. You may have to get an appraisal on your house to obtain it's value because just stating that you have very little equity in your house does not fly. You are very proactive in your situation but that can also drive you nuts trying to figure out what Chapter you can file without actually getting a review of your entire situation by an attorney.

[Lajazz947]

the means test shows that I have no disposable income, my home is underwater and I have no assets outside my cars and IRA.

Maybe I am missing something but my attorney who has been doing this for 25 or so years is ready to fight.

[Brookamy]

the means test shows that I have no disposable income, my home is underwater and I have no assets outside my cars and IRA.

Maybe I am missing something but my attorney who has been doing this for 25 or so years is ready to fight.

Good luck!!

[keepmine]

I think the one thing we've all discovered is, the means test isn't as "mean" as everyone thought when bk reform passed.
There are many on this site who were above the median and filed successful Chapter 7's.

[AngelinaCatHub]

We took no means test. We were filing for C13 and when my adversary was able to 'pay off' a certain politician, we both lost our position in a civil organization. Wife was full time, I was consultant. When that was known, I was advised to go 7 as "I had no choice" endquote! The fun goes on as my adversary (a multi millionaire cracked pot) is attempting to fight my "new start". I am pro se so as it is, so far, so good. My lawyer will be dismissed soon (by motion on my part) and the AP I was pro se from start. Yet.......things are going smooth.

Two worries; one is a worry you can do something about='handle it'! Two is a worry you can do nothing about=why worry? Time will take it away. MY credo. 'Hub

[Cali]

I was 23k over the median and filed C7 first week of June.

[lrprn]

When your income is above your state's median, whether you can file Ch 7 or not depends on three things - your personal financial circumstances, how those circumstances play out on the Means Test and Schedules, and how knowledgeable your lawyer is.

It is certainly possible to be above the median and still file Ch 7, as several successful over-median Ch 7 filers here will attest. However, you need a lawyer who is willing to step up and file a Ch 7 case that they know is going to be looked at VERY CLOSELY.

Your choice of lawyer is crucial in this situation. You need to be familiar with how both Ch 7 and Ch 13 work so you won't be taken in by a dishonest lawyer who convinces you to file Ch 7 knowing the case will be dismissed and you'll then have to file Ch 13 - thus making more cash for the lawyer. This is very rare but has happened. YOU are your own best protection when choosing a lawyer to file for bankruptcy.

[Cali]

Well said lrprn.

[Brookamy]

Do one of you guys want to come to MN and meet the attorneys with me? LOL!

What should I be asking? What should I look for?

[Flamingo]

Unfortunately, traveling for hand holding purposes in this economy is expensive! :-) Somewhere in all of these postings I gave a listing of what to take to the attorney for the initial appointment. No one can train you to visit an attorney. What you look for is does he seem to be very busy (i.e., stacks of folders or papers that seem backed up?). Watch his office staff interaction; how he speaks to his staff or works with you. Does he make you uncomfortable or feel like you are a number (Note - he could mean she also). Ask specific questions - i.e., "I plan to file by myself - what does this entail and what are the details?" He should be able to advise you right then and there as to specifics you bring whether or not you will be able to and what Chapter you should be able to file.

It's really as simple as that. There is no online training crash course available for attorney interviewing. Think of it as going to a job interview but you are casing out the attorney....but it is you who needs the information about your situation to determine your filing and filing status.

You should also be given a listing of filing fees or a brochure describing the BK process. But note that all places may not do that but they may have documentation online for you to view or something along those lines.

Best of luck!