Well we're still here

[sophie]

We filed back in August. Long story short. The trustee was awarded 2 extensions so far. Now I found out they want a hearing so that they can either dismiss or make us go into a 13. The trustees and our lawyer disagree on our means test results. And since the laws are up for interpretation, it's anyone's game. So now we are suppose to go to court. Here's my question. I think our options are either get our lawyer to fight for a 7 or just say ok, we give up, we'll file a 13. I don't know how much yet it's gonna cost for my lawyer to fight this and try to get a favorable ruling for a 7. It seems to me that if we file a 13, we'll be right back where we started 'cause we won't have the money to pay the 13. And it seems that the trustee could care less. So besides the fact that I'm sick to death over this, I'm a
60's child and I want to fight it! To me if I fight it and lose I'll end up in a 13 However, if I don't fight, it's like me saying, yeah you're right, I can afford a payment, I'll go quietly into a 13. So I can use some advice.

Still here and very very depressed...

[no_it_all]

if I were you i would try and STICK IT TO THE MAN !!

[HHM]

I think you answered your own question, there is not downside to fighting it, except, of course, the cost of the attorney. If you can't afford a 13, you can't afford the 13, so you should fight.

[Walnut]

We are hoping to file on Jan 29 - about $8000 over the median, close on the means test, should be OK on Sched I and J - and attorney thinks it will be close. The thing is - I ain't going 13. I need to buy cars in 2-3 years and a house probably. By that time we will likely have inheritances that will help - and we live in Texas - judgement proof. So, I want the attorney on the 29th to be sure we are in good shape before I even bother. Bottom line - why pay the extra attorney fees for a 13 when you can't afford the payment they come up with?