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    New here and scared, need advice

    So, let me start by saying thank you all for this forum, so much information!
    I will try to keep this short but I have so many questions. .
    My husband has an appointment to see his layer to sign the papers to start the chapter 7 on Wednesday. He is filing mainly because of insane medical debt. The past few years have been horrible with illness and numerous hospital stays. Dealing with illness also means loss of income, bills get neglected. . So fast forward to now.
    His health is back on track however I ended up with a serious work related injury. We have been making payments on his hospital bills however we finally got hit with a collection agency that just won't work with us. The lowest amount they will accept on a plan is just not doable. After years of trying to clean this all up, we are left here. So the court date is for this coming Friday. Attorney said don't worry about the court date, they will call the agency once the bankruptcy is filed and he will be protected. Great. However I have my own concerns.
    When we first met with the legal assistant at this firm she was telling us we are over median and have to do a 13. I tried explaining that we both have a lot of monthly medical expenses that we pay for, she said it didn't matter, this is not a 7. No house, 1 car payment btw..
    So after a couple meetings she figured the proposed payment plan and i couldn't believe my ears, we couldn't afford it. Sadly I cried in frustration as my husband sat bewildered. As my husband and I sat and discussed it in front of her she decided to run the means test. With our monthly medical bills and my own monthly obligations (married filing seperate and my obligations are premarital, married in May of this year) we will pass but she needs proof of actual expenses and needed to run it by a jr. lawyer. Jr lawyer agreed and we got all receipts over last 6 months to prove expenses and they ran it in front of the actual lawyer and he says we are golden for a 7.
    Here are my concerns and questions. .
    1) We are over median, but we can prove all expenses, how big of a problem are we actually looking at when the trustee looks over our paperwork? Red flags to worry about?
    2) If for whatever reason something does go wrong and he gets dismissed, I understand he is protected while in the process but this creditor that he has a court date with this Friday is known to be nasty and just go straight to attacking bank accounts, what will happen there?
    3) As I stated, I had a workers comp claim and that paid out the account of 6,000 in lump sum payment for permanent partial disability. I received that payment in August. We told them about it and they said don't worry about it but that was also when they were talking about a 13. Is a 7 different? If it matters at all, the accident occurred last year before we were married but I received the payment 3 months after the marriage. I need to remind them of this but does it matter?
    Thanks so much in advance for any advise here.

    #2
    Welcome, dnlocke!

    If you can document medical expenses and there is no problem with other expenses, you should be fine.

    If the BK petition is filed on Wednesday, the other case will stop in its tracks. The creditor will not be able to get a judgement while the BK case is pending and they can't get to bank accounts without a judgement.

    Make sure the attorney had the disability payment in mind when determining that your husband will qualify for a Chap 7. If it is a social security disability, I am pretty sure it isn't included on the means test. But you should confirm that with the attorney.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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