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    #1

    New Member Here- Need your insight

    Hi,

    I am going to a lawyer on Wednesday for my first meeting. I talked to a lawyer about a week ago who said my income was too high. Basically I am 9k over my state median income. So I decided to call another lawyer hence my meeting Wednesday. I am in sales so he thought my mileage reimbursement would be "removeable" and without that reimursent I am actually 8k under my state median income. One more thing, even though I was over the median I did an online means test and I was under 150 disposable income. So I am realy confused and do not completely understand what to do. According to the lawyer I am meeting with on Wednesday the first lawyer was probably not as well versed or just plain lazy. My new lawyer also is a professor at Georgetown so I am a little more comfortable. Anyone here have a simliar circumstance or any advice. Thanks so much in advance!
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    #2
    If you're talking about being reimbursed for monies paid for things like gasoline, lodging, meals, and other travel related expenses,............. Then No, that should not be income.

    You're being paid back monies you spent, up front, out of pocket, to perform your job, on behalf of your company.

    Just a side comment here,............ You're going to Consult with a 2nd attny because the first told you something you did not want to hear. Schedule at least another couple of Consults with different attnys. Go talk to 3-4, live and in person. Most likely, there will be other issues, such as this, that might come to light by talking with several attnys.

    Multiple Consults gives you an opportunity to get different perspectives on your particular situation. And to meet and greet. Find the attny you're most comfortable working with. Find the attny who will work for you, in your best interests.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment

      #3
      And an extra tidbit of info,............

      The first attny may not have been so lazy and is really very well versed in the Law. Bait and switch is one of the oldest BK attny's tricks there is in the book.

      Take a person who does qualify for a Ch 7 and push them into a Ch 13. Bigger initial fee for the attny. Grease the Trustee's palm with his/her Admin %'age. Knowing full well the filer can't make the payments.

      A year or so down the line, the filer comes back, begging to Convert to Ch 7. Kah Ching! Another attny's fee. And more money for a different Trustee.

      Aren't the wheels of Justice grand??!!
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment

        #4
        Means test may give, schedules I and J may take away?

        Might want to play with both sets of forms, using income with and without the car expenses, to give you possible variations on disposable income. As yet I have not heard that anyone passing the means test was forced into a 13 based on excess income on the schedules, but I think it's possible?

        Comment

          #5
          Originally posted by SinkingFast View Post
          If you're talking about being reimbursed for monies paid for things like gasoline, lodging, meals, and other travel related expenses,............. Then No, that should not be income.

          You're being paid back monies you spent, up front, out of pocket, to perform your job, on behalf of your company.

          Just a side comment here,............ You're going to Consult with a 2nd attny because the first told you something you did not want to hear. Schedule at least another couple of Consults with different attnys. Go talk to 3-4, live and in person. Most likely, there will be other issues, such as this, that might come to light by talking with several attnys.

          Multiple Consults gives you an opportunity to get different perspectives on your particular situation. And to meet and greet. Find the attny you're most comfortable working with. Find the attny who will work for you, in your best interests.
          Thanks a lot that is great advic. You are right about not hearing what I wanted to hear lol. But, I also put in a lot of research and got the feeling the atty. was blowing me off. Got another cpl appts. setup.

          Is it possible to be over the median income and still go 7? Thanks again.

          Comment

            #6
            Originally posted by ciacbw View Post
            Thanks a lot that is great advic. You are right about not hearing what I wanted to hear lol. But, I also put in a lot of research and got the feeling the atty. was blowing me off. Got another cpl appts. setup.

            Is it possible to be over the median income and still go 7? Thanks again.
            Yep!!

            If you have sufficient Secured and/or Priority Debts to bring your income down, you most definitely could be over the Median and still get a Ch 7. Theoretically.

            Say your house payment is more than the Census Bureau allowable for housing in your area. Or you pay Child Support payments. Or you're making monthly payments to the IRS for back taxes. Or your on the front end of a 5 year note and you have a sizable monthly car payment. All that get's figured in if your income is above the Median.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment

              #7
              I was over the median income by about 7K but still filed chapter 7. It can be done if you have the expenses to use up all your income (boy was I thankful for the high daycare I have to pay )
              Filed Chap 7 6/30/06 - 341 Meeting 8/1/06 -
              Deadline for objections 10/10/06
              US Trustee extended deadline to 12/9/06
              Dishcharged 12/29/2006

              Comment

                #8
                Depending on the exact attorney you go with they may or may not run the full means test on you at your initial consulation.
                It's still only an estimate because the means test that will count is the one run at the time of filing.

                Another thing to think about is any variability in your income. The calculations are based off of your past 6 monts of income. If you get paid more in the summer, your income will look lowest if filed in the spring.

                Comment

                  #9
                  Originally posted by spell View Post
                  Depending on the exact attorney you go with they may or may not run the full means test on you at your initial consulation.
                  It's still only an estimate because the means test that will count is the one run at the time of filing.

                  Another thing to think about is any variability in your income. The calculations are based off of your past 6 monts of income. If you get paid more in the summer, your income will look lowest if filed in the spring.
                  I am beginning to realize a lot of this has to do with the attorney. My debt is so high and I am pretty close to the median based on what my attorney has said I think 7 will work. Anyway wish me luck. BTW I tore up my republican card.....

                  Comment

                    #10
                    Originally posted by SinkingFast View Post
                    And an extra tidbit of info,............

                    The first attny may not have been so lazy and is really very well versed in the Law. Bait and switch is one of the oldest BK attny's tricks there is in the book.

                    Take a person who does qualify for a Ch 7 and push them into a Ch 13. Bigger initial fee for the attny. Grease the Trustee's palm with his/her Admin %'age. Knowing full well the filer can't make the payments.

                    A year or so down the line, the filer comes back, begging to Convert to Ch 7. Kah Ching! Another attny's fee. And more money for a different Trustee.

                    Aren't the wheels of Justice grand??!!
                    Like the way you see things, wish more people would understand how things REALLY work in our world!

                    Comment

                      #11
                      Hey,

                      Thought you might like a quick update. Talked to my lawyer today whose partner is a trustee. He said that my expense reimbursement(mileage) will not be included in my income to pass the median test. This is awesome for me except I have to wait until July1 to file because I made to much money in December. Anyway he said my j and i looked good to go. Wish me luck but I see the light!. Next two months are going to be a pain with the phone calls but oh well. Thanks to all for their insight and help
                      cw

                      Comment

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