2 Lawyers...2 Opinions on 7/13

[Maximo]

Hi, long time watcher, first time poster. We have went to 2 different lawyers, the first said even though we are over the average income, we would still qualify for a chapter 7. The second said we are not even borderline, he believes we would automatically be seen as an abuser and be forced into a 13. Income is about $102,000.........debts we want to discharge are about 50,000....our mortgage payment is very high in addition to a very high retirement plan cost (no choice). Any ideas? M

[laurannm]

I assume you are above-median....have you tried doing the means test yourself (http://legalconsumer.com) to get an idea of where you stand? Did either of the lawyers run a preliminary means test for you as part of the consult?

A lot of lawyers out there will simply see that you are above-median and automatically push for a 13 without running any numbers. Often times though (and especially if your secured payments are high) above-median debtors can qualify for a Ch 7. We are similar to you in which are secured debt payments, along with mandatory retirement deductions allow us to pass the means and qualify for a Ch 7.

You might want to consult with a couple of more attorney's for additional opinions. Finding one who will run a preliminary means test as part of the consult would be ideal.

[MomIcantFindmy]

I had a similar experience. Do not discount the one Attorney that says you can be a 7.

We had one attorney tell us we were definitely a 13. We filed a 7 with an attorney that went all the way through the means test. You can also download your own forms and fill in the blanks yourself then bring those with you and talk "real" numbers. The free online means test is helpful also.

Sometimes I think attorneys push into a 13. Just my thoughts.

[Maximo]

I guess I should have mentioned, the 1st attorney did a means test, (who said we would qualify), the second didn't even consider it. He referred us to another lawyer who "fights" to keep 7 filings a 7.

[laurannm]

Then I would seriously consider the first one, particularly since he already some preliminary numbers. We also had a similar situation, and just filed a Ch 7 last week. You do though want to take other things into consideration when deciding on an attorney...does he seem knowledgable\experienced and easy to work with?

I still would talk to 1-2 more attorneys, just for some added opinions.

[Cali]

I would go with an attorney that actually did the means test.

I am over median, high debt and I filed C7.

[Lajazz947]

Cali,

Same situation here as you might have seen on my posts.

Your name notwithstanding, where are located? I am in So Cal and wondering about the trustees there and how agressive they are .

[Cali]

Lajazz947 - I am also in SoCal. In my area there is only 1 trustee that isn't hard, the rest are.

[Lajazz947]

Ouch, did you get that trustee?

Gotta go to work now but would love to swap stories, strategy, results and so forth.

Can we connect later?

[Cali]

I had the nicer trustee. Now I am just waiting my 60 days and hope to be discharged then.

Ouch, did you get that trustee?

Gotta go to work now but would love to swap stories, strategy, results and so forth.

Can we connect later?

[Lajazz947]

I am going to send you a private e mail.

Thanks

[Maximo]

In Fresno so assume we would go to the Federal Courthouse here??? Does anyone have any experience with these guys/gals?

[Cali]

Maximo - if you are talking about the 341 at the Federal Courthouse, I don't know. My 341 wasn't in a courtroom at all. It was in a conference room.