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Ch. 7 - met with 3rd attorney - the saga continues

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    Ch. 7 - met with 3rd attorney - the saga continues

    If you remember my previous disaster posts, the first two attorneys I spoke with were of no help since I made too much money and they do not do the means test.

    Yesterday I finally met with the 3rd attorney. She was a very nice lady and talked with me for about 45 minutes. I brought in copies of the past 6 bank statements so she could see my income. She told me that since I am way over the median, she could do the means test for me. I told her that I followed the links on Legalconsumer.com and did the means test there and passed. She said if I passed there, then I would most likely pass with her doing it. She charges $500 for the time of doing it. Very few attorneys in my area do the means test. I brought printouts of everyone I owe money to. It came out to almost 60 people that I would be going bankrupt on. She said with all of those people, the means test, court costs and everything that it would cost me about $3400 for a Ch. 7. She said if I did a Ch. 13, it would be even more expensive.

    As usual, the wife pissed and moaned about the whole thing. I fought with her over it for hours. She finally broke down and said that she would agree but she would not give back the BMW. I fought and fought and fought and there is just no reasoning with her. She barely makes $1,000/mo. take home. For her to drive that thing to work, it's $740/mo. for the payment, $320 or so for gas, plus $100 to insure, not including the cost of tires, oil changes & other maintenance. It's almost $1200/mo. to drive that thing.

    For some reason the light bulb doesn't go on with her. I have argued with her until I am blue in the face telling her that EVERYONE has told me to give that thing back.

    So I gave her this ultimatum...

    I said, "You either go bankrupt with me together and we keep the house and the $309/mo. sedan or I go bankrupt alone. And if I go alone, I plan on going bankrupt on the home, both cars and everything there is and walking away clean."

    That REALLY pissed her off. I told the attorney I'd come back after the 15th to sign the retainer. I only get paid once per month. She's hoping that I can file by February to April after my income levels drop some more. They raised the median income here to just over $51,000/yr. but our deposts are showing just over $40,000 for the past 6 months.

    I hope that means test on legalconsumer.com is right or I am in deep trouble. Do you all think it is accurate?

    If I file bankruptcy on my own without an attorney, is there paperwork for the means test that I can file on my own or does an attorney have to do it all? I haven't seen any PDF for it for download to do it myself.

    We owe about $146,000 on our house. I think it could be worth $100-120k in this housing market. There's no good paying jobs for any closer to 60-150 miles away, so I just assume to get out of here. If I go alone and end up getting divorced, then so be it.

    If I go bankrupt on my house, how will I ever be able to buy another one in the future without 20-40% down?

    #2
    One other thing I might ad... what happens when you don't have all of the statements for these people? Lots of my statements were either lost or thrown away. Are they required when doing a Ch. 7?

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      #3
      Originally posted by debtmonster View Post
      One other thing I might ad... what happens when you don't have all of the statements for these people? Lots of my statements were either lost or thrown away. Are they required when doing a Ch. 7?
      You don't need the statements, but you need reliable contact info for the creditor so you can list them on your petition.

      Comment


        #4
        Originally posted by debtmonster View Post
        One other thing I might ad... what happens when you don't have all of the statements for these people? Lots of my statements were either lost or thrown away. Are they required when doing a Ch. 7?
        This one is easier to answer for me. I ran a full credit report at Equifax and used that to fill in those places I didn't know. If you see something you don't recognized be sure to check it as disputed (on your schedules).

        Adding to what HHM wrote, I received 2 bouncebacks (out of 40 or so creditors) when using the addresses on the Credit Rep rot.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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