chapter 13

[buckaroo]

guess i got the wrong attorney, t5 years old living on ss and small pension, well below the medium income in new jersey still paying 36 months at $560.00 monthly, have no assets wat so ever, no vehicles nothing yet lawyer got me into 13 because of excess income after deductions of $600

[woeisme]

if you have no assets and your income is judgement proof, why did you file CH 13? Why file BK at all if there is nothing the creditors can go after? (I'm assuming small pension is judgement proof, but could be wrong on that.) What kind of deductions are you talking about? I don't see how you would have to do a CH 13 instead of a 7... maybe you can convert with a new lawyer?

[buckaroo]

not sure about income being judgement proof, as i stated, receive social security and pension from former employer, there are no assets but not to file would have meant continuing calls from creditors, i live with a family memeber am 75 years old, could not live with continued calls from creditors, what incomes are judgement proof can ss be garnished can pensions be garnished. i am in my 19 month of 36 month payback and find it difficult to make payments of $560.00 although i have not been late nor have missed any payments just find it very difficult and stressful meeting this obligation but guess will have to live with it for another 17 months

[EveryDayAdam]

I'd contact another attorney about converting to a chapter 7. You should be able to do that without any problem. Most likely, your attorney pushed you in to a 13 to get the higher fees that typically come with a chapter 13.

[buckaroo]

thought that there was no choice if money available after expenses that 13 only way i could go

[lrprn]

thought that there was no choice if money available after expenses that 13 only way i could go

The ONLY way to know if you have sufficient disposable income to require you to file Ch 13 is to complete the Means Test and Schedules.

Just subtracting your actual expenses from your actual income doesn't mean a thing.