Help...frustrated

[MomIcantFindmy]

Sorry this is long and drawn out......I am very frustrated.

Ok, so here is the situation. I reviewed and signed my BK forms. After they were filed I downloaded copies of my forms off pacer. On the means test we are within $1700 of failing and being pushed into a 13. I got to the last page of printed reports and noticed there was a break down sheet of monthly income (I never saw this form before) we earned.
Example (not the real numbers):
(NOTE: recieved raise in November)
Oct 3000
november 1000
December 3000
January 3000
Feb 0
march 0

I was like Whoaa...wait a min and I called the former employer who sent copies of the paycheck info to us. I went over and over that info and saw that it should have:
October: 2000
November 3000
etc ...the rest of it is correct. Which leaves us closer to failing but still with in 700 of passing the means test.

I did want to have all my paperwork correct. I sent a note to the attorneys office asking them to correct it as I had never even seen this form before. Now I am being told I need to meet with the attorney over the means test (I am over). How the heck???!!! I put on my best "be nice voice" yet the clerk I spoke with on the phone was curt and short with me.

So my thoughts..........
Since day 1 the attorney has been trying to push us into a 13.

Now I am thinking.....was this a deliberate attempt by the attorney to push us into a 13 because the trustee would notice the error (and I would have never seen the form) and just add the extra $2k into the form without subtracting the other 1K from October???? Seriously, if his para had given us ALL the forms when signing we would have noticed the difference right away because it stands out like a sore thumb. Furthermore my I and J show a negative income to expenses of $1800 so I could never make it in a 13.

Sorry I am so cynical.......seriously.....I will go it alone (pro se) before I allow an attorney to push me into a 13 if I think my numbers are correct.

Now the attorney wants to meet with me to go over the means test.....I do not think that is a good sign................

If I go it alone and straighten out the paperwork is the hard stuff pretty much done or not?

[woodj]

Lawyers are scuzzzzz. When my lawyer found out I was above the median on the means test, he instantly told me I HAD to file ch13. He did not even mention the second part of the test. (I had already taken the means test and looked at several situations) When I mentioned it to him, he got irritated but was willing to answer my questions. He made me an appointment with the "means test lady" but she did not show up. I had to leave all of my paperwork with her. She called the next day to inform me that I did not qualify for ch7 and she would make me an appointment with an attorney to discuss my ch13. After asking her a few questions, I figured out that she had not entered any of my information into the second part of the means test and was not aware that my wife was sick and not recieving an income. FRUSTRATING!!!!!!! I asked her to please fill out the entire means test with both incomes and see if I qualify for ch7 (I do not, I have $$ disposable income) I asked her then to remove all of my wifes income and recalculate it. (This is my real life situations, I qualify for ch7 and have a negative disposable income. She is supposed to call me tomorrow and discuss her results. I think the only way I can pass the means test is to wait six months while my wifes income slowly rolls off our total income. (Not 100%, the trustee may still throw it out) It will be a tough six months but will be worth it if I do not have to drag this on for five years. Without her income, we need a fresh start. I will try another lawyer if they still try to push a ch13 on me. Maybe you can do the same... I would get another lawyer before I did it alone.

Have you taken the second part of the means test? You may still qualify for ch7. Here is the online test I took and it was very informative.

http://www.legalconsumer.com/bankruptcy/means-test/

[Cali]

My question is why did you use this attorney, if he was trying to put you in a C13 and you knew you were qualified for a C7?

[JRScott]

This is why it's important to see 3-4 bankruptcy attorneys there are some who will force folks into 13s in hopes of making more money.

[MomIcantFindmy]

I actually saw all of the 5 attorneys in the local area and ended up in court to watch the attorneys work. The sad thing,...I am not in the (*cough cough*) smartest part of the state here. The attorneys were basically the same. Either they wanted to squeeze me into a 13 (one even suggested my husband get a second job so we could do a 13) or when I watched them in court it was obvious that the judge was not too fond of them and they had many mistakes on other peoples filings to correct.

I have ran numbers until my brain was all used up. Yes, I qualify either way you run the test, unless you add extra money as he keeps trying to do.

So getting another lawyer would be better than going it alone..........uggg. I heard most attorneys won't take you after you have filed anyway. I think I will show up to our meeting armed with all my figures and supporting documents and try to get him to see the light (using my nice Mom voice). Sounds better than having to look again for another lawyer.