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Attorney wants to do Chapter 13 when qualify for Chapter 7?

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    Attorney wants to do Chapter 13 when qualify for Chapter 7?

    So, what do y'all think about an attorney stating you should do a Chapter 13 when you are under median and can automatically qualify for a Chapter 7? Details below:

    1) Mortgage, but equity well under exemption.
    2) Car payments, but would reinstate the vehicle.
    3) Unsecured debt around $80,000
    4) No tax debt, no liens, no levies, no garnishments, no arrears, no nothing.

    What do you think? Would you do a Chapter 13?

    #2
    Sometimes this is simply a bankruptcy attorney that likes to do Chapter 13s rather than Chapter 7s (and vice versa). Unless you are in arrears on something (and it reads as though the vehicle(s) may be in arrears), there's no need to file a Chapter 13.

    I'm not sure I would go down the Chapter 13 route just to save a car, though. I'm sure others have an opinion on that.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      I'm not the expert many here are, but there are benefits and drawbacks to both. What is the rationale for your attorney recommending a Chapter 13?
      Latent car nut.

      Comment


        #4
        Thanks, y'all! He didn't say, which was confusing. I feel like research shows that Chapter 7 may be better in many ways.

        Comment

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