Debating on filing - would love input/opinions!!

[LadyInTheRed]

I've got a 2nd consultation set up with him for me to ask all of these additional questions...hopefully he can point me in the right direction.

You need consultations with another couple of attorneys, not a second consultation with the same one. There are attorneys who will tell anyone whose income is over median that they don't qualify for a Chap 7. A good attorney will look more closely at your situation. Maybe you don't qualify for a 7, but get more opinions and be sure before you hire an attorney.

[mlevesque308]

Hi everyone,

I'm way over the median her in RI $95,000 vs. $47,000, I'm headed to my attorney tomorrow to do final sit down before he prepares docs to file. I too was told I wouldn't qualify for CH 7, until I met this attorney, strictly a BK attorney, which I feel is the only way to go, don't waste your time and money with a Jack of all Trades lawyer, BK is so complex, you want them to be a master of their craft. So, at first glance he too said no, then he started running numbers. My mortgage is $2k (includes taxes and HOA) and I pay alimony for the next 4 years at the tune of $1,000 per month.

So, he suggested a new car (which you already have vehicles covered), my car was paid for with 137k miles, since I was in sales, I think keep suggested "good planning" in my part and that's the message I relayed. My attorney advised me to up any medical, dental, life, disibility premiums all allowable deductions. He's also including my cell and Internet in the mix die to work. My cell number is on my business cards, it's a personnel cell which I pay for, which I 90% use for business. So he said he'd argue the the need to include it.

Without phone I'm negative -$324, with I'm -$424. So, I went and upped my health insurance premium, got a major medical insurance policy and disibility insurance as I only have my income
To rely on and court ordered alimony. I hope this helps.

[mlevesque308]

I hope this information helps you, was what I meant.

[TXskyblue]

You need consultations with another couple of attorneys, not a second consultation with the same one. There are attorneys who will tell anyone whose income is over median that they don't qualify for a Chap 7. A good attorney will look more closely at your situation. Maybe you don't qualify for a 7, but get more opinions and be sure before you hire an attorney.

This was true in my case. The first attorney I went to told me I had to be in a 13 and I would be paying close to 100% back because of my income. I was pretty depressed.

The next attorney told me he was pretty sure I could make a 7 due to my expenses.

Talk to another attorney or two. They give free consultations so there's no reason not to.

[tobee43]

we went to 5 3 out of the 5 said we must go 13 while 2 said no chapter 7. the one that was solely a bk firm said chapter 7 no asset. our bk went forward and completed glitch free, so you must find an atty how understands a bit more about what they are doing.

when i read you're posts i think it would be quite easy to absorb an additional $300 with a family of 5. i mean you are tight, and no room for any emergencies with kids! everyone must have some type of repair fund. i don't really remember ours per se i just know our DMI was -3000, actual number was more like $2,800 or there abouts, so we didn't have any issues, yet those attys were ready to put us in a 13 real quick. i would consult with more as suggested. best of luck to you!