13 question...

[floridian]

i want a chap 7, but my lawyer says that i might have excess disposable income and may be forced into a 13...

i told him that would never do, as im single and would have to live like a hermit on stale bread..... he said that if i feel that strongly about it, to take the 13 if im forced to and then abandon it after i make a few payments...

what would the advantage to that be? wouldnt they simply turn the dogs loose on me again, just like i never filed?

i dont see the logic in this approach..

[catalina2225]

He sounds like a rat. If you do it his way, the only party to receive any money will be him!! Find another lawyer. I am single and I'm in a 13 and I have plenty of breathing room. I had to go with a 13 because I was over the median yearly income.

[laurannm]

I would run far and run fast from this attorney. Your logic is correct...as soon as your 13 gets dismissed, not only does it stay on your credit report but the creditors will be right back on top of you again (while adding on various late fees, penalties, etc.)

[Tbornetun]

One more note. Of course he wants you to make the first couple payments. The attorney is paid within in the first couple payments of a plan. They are hoping you quit at that point, they will have collected the money and no longer need to deal with your case.

[floridian]

ive already paid this lawyer, but this isnt sounding good....

[Tbornetun]

Ask the attorney to give you the hard facts and figures. Figure it out for yourself and determine where he is coming from with this line of thinking. If it were me, I would want NUMBERS.

Median income for a family of one in Florida is...$40,898
Where does your annual income fall, above - below? This would be the first step. Then use one of the online means calculators and see what you come up with.

[floridian]

my disability retirement is well below the means.... however, i get SS disability and it puts me 8k over the means.... i know that SS is is not counted on the means, but the lawyer said that it gives me too much disposable income and a trustee will want me in a chap 13..