Brain is fried

[TEW]

[keepmine]

Why are you rushing to file?
Just wait a few months for the reduced income to pull your income below the median. If you intend to yurrender the home, stop paying the mortgage. It'll take a few months {or more} to get you evicted.

[TEW]

That was the plan all along thats what has me going crazy We were waiting until november and she changed it today. It $885.00 a month i don't have or make.

[danaf]

Sounds like it's not in your best interest to file right now so don't let your attorney bully you into it. Sure, she'll make her money but you'll have a hard time if you file now. Just wait. If she doesn't like it, find another attorney.

[Help!]

I agree about waiting. I also don't understand the rationale about keeping assets. If you need to get rid of the house and car, you need to get rid of them. I don't see why keeping them would increase your chances of having a successful Ch. 7.

If you're over the median (if not, ignore the folllowing sentences), keep in mind that there is no way any attorney can tell you that you "qualify" for Ch. 7. They can tell you your chances are excellent, they don't foresee any problems, etc., but there are no guarantees. I would strongly urge you to file when your six-month average income (CMI) is at its absolute lowest.

[TEW]

I will not be over if I do wait we planed all along. I am going to to the test over again myself and see what happens. I will let you know
Thanks everyone

[JRScott]

I'm assuming in your district that they do not allow you to use for expenses the costs of secured property you are surrendering.

I would also delay filing, let that income get down. If you file dismiss and file again likely she'll charge you twice. That's not to your benefit.

[TEW]

JR
I think you are right. What she said is that the UST is going to really scrutinize this but she will be able to get it past the Judge.
I don’t think she is doing this just to make more money. I emailed her a couple of times about time lines and she assured me we should file in November. It took a month and half to get the means test from her.
I started down a path that I may not be able to change.

[keepmine]

Of course you can control the filing. Nothing gets done until, you sign the petition.
The lawyer works for you. Do nothing until, you're completely comfortable.