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Meeting with Lawyer Next Week

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  • Meeting with Lawyer Next Week

    Hello,

    I have been reading all I can about filing under chapter 13 and the more I read the more confused I get. I am married and my spouse will not file with me as most debts are in my name. Here is my scenario:

    Income - $7.600 per month (after taxes)

    Tax debt - $400 per month Balance $15,100 down from $30,000 - been paying on it for three years

    3 Cars - 1 is 2 1/2 years old $755 per month and owe $25,000 - 2017 Cruz $525 per month owe 27,000, 2017 Honda Civic $575 per month owe $23,000 (spouse car and I co-signed)

    House Payment $2500 per month

    Support mother at $500 per month

    Had a car repo a few months back and after they sold it I owe $31,000 (have not paid)

    Credit cards - $30,000 (behind on some)

    Ex spouse gets $210 per month from my military retirement

    utilities, clothing, gas, home alarm, (D.C need alarm) phone, and all other necessities not included as they vary per month.

    Even though I seem to make enough, after paying the minimum on everything I don't have anything

    Spouse lost job so everything is paid by me now which includes her CC debt of $15,000.

    Sometimes have to delay paying a bill or will have no money which causes late fees and balances never go down. Not behind in home or car loans but know I may have to give one or two up.

    Tired of this way of living which is my fault but when my mom had three strokes and I had to pay a lot in medical bills which really set me back.

    What can I expect from my meeting with the lawyer? I know I may be forced to give up a car but is there anything that may come out of what I mentioned?

    Sorry so long but nervous about this but I need to get a handle on everything. I can't do it alone as I wanted too. Tired of getting calls from some creditors I stopped paying as I can't afford to pay them.

    Thanks for reading..






  • #2
    Good luck it sound like filing is your best bet. Reief is in site!
    Discharge date: October 2017 (will it ever get here?)

    Comment


    • #3
      Originally posted by dmc-2008 View Post
      Good luck it sound like filing is your best bet. Reief is in site!
      Thanks...I hope so

      Comment


      • #4
        Does the attorney conduct the means test on the consultation and advise which is the best option? I already had to complete forms sent to me to list debts and will take them with me. Also have to bring in 7 months of pay statements. I would like to do the means test myself but looking on line it seems complicated to try.

        Comment


        • #5
          I had one attorney (out of several we visited) who ran our numbers through the means test at the consultation and told us where we needed to be in order to qualify for a Chapter 7. In our experience, no, they don't all do this without an extra charge. They should be able to give you a general idea without actually putting everything in, since bk is what they do all day every day.

          FWIW, I used the calculator online several times, but found that our actual means test done by the attorney turned out much differently (actually, sort of scary, lots of negative DMI over five years).

          Comment


          • #6
            Originally posted by Chrysalis View Post
            I had one attorney (out of several we visited) who ran our numbers through the means test at the consultation and told us where we needed to be in order to qualify for a Chapter 7. In our experience, no, they don't all do this without an extra charge. They should be able to give you a general idea without actually putting everything in, since bk is what they do all day every day.

            FWIW, I used the calculator online several times, but found that our actual means test done by the attorney turned out much differently (actually, sort of scary, lots of negative DMI over five years).
            i have not been able to find the calculator on line. Do you have a link?

            Comment


            • #7
              Google "legal consumer means test". You will put in your zip code and it will use your local standards, etc.

              That's the one which seems to be most accurate and recommended around here ~ but like I said, still not as exact as what the attorneys will actually do. It should give you a good idea of where you stand financially, and definitely is educational re: what "counts" on the means test and what doesn't.

              Comment


              • #8
                Originally posted by Chrysalis View Post
                Google "legal consumer means test". You will put in your zip code and it will use your local standards, etc.

                That's the one which seems to be most accurate and recommended around here ~ but like I said, still not as exact as what the attorneys will actually do. It should give you a good idea of where you stand financially, and definitely is educational re: what "counts" on the means test and what doesn't.
                Thanks

                Comment


                • #9
                  Did you say MOST debts are in your name. Do you and your wife have shared debts? That may be an issue.
                  Filed Chapter 13 - 07/20/12
                  Discharged 8/2/16

                  Comment


                  • #10
                    Originally posted by sophieanne View Post
                    Did you say MOST debts are in your name. Do you and your wife have shared debts? That may be an issue.
                    Yes. Most debts are in my name. We have shared debt of the house (not giving up) and 1 car is in both names. The other two cars are in mine only.

                    Comment


                    • #11
                      Hi, you'll need to check but if the house and 1 of the cars is in both of your names that could be an issue with only you filing. Maybe an experienced moderator/member could comment.
                      Filed Chapter 13 - 07/20/12
                      Discharged 8/2/16

                      Comment


                      • #12
                        Met with lawyer today and I provided her a list off all my debt and pay statements. She stated based on my income I would be a ch 13 and payments would be around $1,700 per month. I asked how she knew that already and she said she has been doing this for years and she can tell by my debt sheet what I would most likely pay. She said it would take about 3-4 weeks to file (not behind on anything) and would have to see what the IRS determines if the tax debt is non priority or priority. I would surrender 1 car and the other would be in the plan. Of course there are still deductions that have to be taken so the amount may be lower she said but I added everything possible that I could think of. Is this the way others have experienced on their consultations? Can lawyers come up with a good guess just by looking over what I had and not completed any forms?

                        Comment


                        • #13
                          Yes. Mine told me what my payment would be during my consultation also. I thought that was crazy LOL. But lo and behold -he was right.

                          Comment


                          • #14
                            My attorney took a good guess but said there could be an adjustment when he finalized everything. So, I have to ask, there was not concern about the mortgage being in both of your names even though you're the only one filing?
                            Filed Chapter 13 - 07/20/12
                            Discharged 8/2/16

                            Comment


                            • #15
                              Originally posted by sophieanne View Post
                              My attorney took a good guess but said there could be an adjustment when he finalized everything. So, I have to ask, there was not concern about the mortgage being in both of your names even though you're the only one filing?
                              The mortgage did not matter as it is not included in a payment plan. I am current on the mortgage. The car that is in both names cannot be included but the car is not behind in payments anyways.

                              Comment

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