Asking attorney to wait on filing...

[FakeName]

Ugh.

After thinking on Friday that I was at the precipice, I am trying to get a call back from my attorney so I can hold off on filing until July 1.

Here's why:

I'm married, filing alone as my wife is a stay-at-home-mom and all the debt is in my name. At least ONE of us should keep decent credit...

Anyway, she did some freelance work for a non-profit in November and they cut her a one-time check for $1000 back in December. Thanks to that check being included in my last six months, I am exactly $106 over the median income when you do the calculations.

Not exactly a huge deal since I have enough deductions to "means test" back into a Chapter 7, but...

If I wait until July, my understanding is that the check she received in December will no long be within the last six months. Other than that, my income has not changed. Doing the calculations without that check put me almost $1900 below the median. No further testing required.

The other reason is that I'm scheduled to be out of town for work from July 7 - July 14. This is booked and paid for. I'm concerned that if I file this week my 341 may end up falling during that time period since it's right in that 4-6 week window. The attorney's assistant said that the courts DO NOT re-schedule 341 hearings and since I cannot miss this trip I figured a July filing may benefit me in two ways.

For those who have been there, I'm interested in your thoughts regarding postponing the filing to lower my income and, therefore, pass the means test right off the bat, AND the scheduling of the 341 hearing when I'm out of town.

Happy Monday! This whole thing sucks, but the end is in sight....

Cheers!

[Frshstart09]

Since you are so close to the median, i don't think it would be detrimental either way to file now or in July. It sounds like you are more concerned about your trip. I'd wait so you can address both those issues. Good luck.

[FakeName]

Since you are so close to the median, i don't think it would be detrimental either way to file now or in July. It sounds like you are more concerned about your trip. I'd wait so you can address both those issues. Good luck.

That's a pretty good summary. I trust my attorney re: median income, but I don't want to be in a position where I'd have to abandon a pre-arranged trip to show up in court for 5 minutes. I was just thinking filing in July would kill two birds with one stone.

[LuciluS]

Ugh.

After thinking on Friday that I was at the precipice, I am trying to get a call back from my attorney so I can hold off on filing until July 1.

Here's why:

I'm married, filing alone as my wife is a stay-at-home-mom and all the debt is in my name. At least ONE of us should keep decent credit...

Anyway, she did some freelance work for a non-profit in November and they cut her a one-time check for $1000 back in December. Thanks to that check being included in my last six months, I am exactly $106 over the median income when you do the calculations.

Not exactly a huge deal since I have enough deductions to "means test" back into a Chapter 7, but...

If I wait until July, my understanding is that the check she received in December will no long be within the last six months. Other than that, my income has not changed. Doing the calculations without that check put me almost $1900 below the median. No further testing required.

The other reason is that I'm scheduled to be out of town for work from July 7 - July 14. This is booked and paid for. I'm concerned that if I file this week my 341 may end up falling during that time period since it's right in that 4-6 week window. The attorney's assistant said that the courts DO NOT re-schedule 341 hearings and since I cannot miss this trip I figured a July filing may benefit me in two ways.

For those who have been there, I'm interested in your thoughts regarding postponing the filing to lower my income and, therefore, pass the means test right off the bat, AND the scheduling of the 341 hearing when I'm out of town.

Happy Monday! This whole thing sucks, but the end is in sight....

Cheers!

This is only MY Opinion. Wait! We are doing the same thing to let some income drop off. There's a post where someone stated US Trustees are getting more involved in 'Over the Median' Chapter 7 filiers.

Let's think about this. What IF there is an Expense item denied or reduced by your Trustee. Bonkers!

Luci

[FakeName]

This is only MY Opinion. Wait! We are doing the same thing to let some income drop off. There's a post where someone stated US Trustees are getting more involved in 'Over the Median' Chapter 7 filiers.

Let's think about this. What IF there is an Expense item denied or reduced by your Trustee. Bonkers!

Luci

That's what gives me some anxiety... I'm thinking waiting is a win-win. I just need my attorney to call me back...

[LuciluS]

That's what gives me some anxiety... I'm thinking waiting is a win-win. I just need my attorney to call me back...

Hey! Call Back and tell the person who answers the phone you sent the papers and you Now want to wait until July 1st. At least, someone in his office will know.

I'm so fortunate as my Attorney and I correspond by email. He wanted it that way. Unless I need a long detailed answer, he says emails utilizes his time better.

Luci

[FakeName]

Hey! Call Back and tell the person who answers the phone you sent the papers and you Now want to wait until July 1st. At least, someone in his office will know.

I'm so fortunate as my Attorney and I correspond by email. He wanted it that way. Unless I need a long detailed answer, he says emails utilizes his time better.

Luci

I did. I talked to one of the assistants and then I emailed the attorney a summary of that conversation. He's supposedly back in the office tomorrow. I haven't signed anything yet or given consent to file today.

[LuciluS]

Okay. Try to rid yourself of the anxiety. Sounds like everything will work out.

Take a break from this forum for awhile. Sometimes just staring at the website makes me nervous LOL!

Luci

[FakeName]

I know they're busy, but I've called three days in a row about this and can't get a call back. I know they're busy, and I have otherwise been very happy with my attorney, but PLEASE someone give me the courtesy of a phone call...

That is all. Thanks for listening.

[Amy26]

I know its frustrating... I assumed my lawyer was going to file my papers on Monday but when I went in to meet with him we just reviewed my petition... he said he wanted to wait to file till he had like 2-3 to do. I'm like ok? He said he would get it done this week... "this week"... that's not very helpful to me and its annoying. Now I sit waiting for him to email me a status... I am unsure what to do cause I paid him a lot of money but I also don't want to be annoying.

So, I know how it feels... ><

[FakeName]

I know its frustrating... I assumed my lawyer was going to file my papers on Monday but when I went in to meet with him we just reviewed my petition... he said he wanted to wait to file till he had like 2-3 to do. I'm like ok? He said he would get it done this week... "this week"... that's not very helpful to me and its annoying. Now I sit waiting for him to email me a status... I am unsure what to do cause I paid him a lot of money but I also don't want to be annoying.

So, I know how it feels... ><

That is the key, isn't it? Balancing "persistent" and your expectation of getting what you paid for with being "annoying."

My email got me a return email from an assistant that said, "I'll pass this along to the attorney and let her know you're waiting to here." All I'm needing is a call or email with an "OK - good plan!"

We shall see.