Consulted with attorney. Does she know the new laws?

[mangoman39]

So today I went for my second consultation with an attorney. The first was right before the law change so a lot of things have changed. Anyways, I wanted to verify that I qualified for Chapter7. But now I am really confused, and once again worried. My understanding of the new law is that my monthly expenses are set by the IRS. My attorney states that it is still going off of my actual expenses. The IRS standards are actually much better for me as actual expenses don't qualify me for Chapter 7. So am I completely reading everything wrong on the net or is my attorney still not caught up with the new laws. She also mentioned a few other things that make me think she isn't caught up yet. Please help!!!

[FLGirl]

Aren't you in FL? Did you pay her yet? If you live in the Tampa area I know a WONDERFUL attorney who is helping me... more than you know. Let me know I could PM you the info to contact him.

[mangoman39]

Yes, I live in Clearwater. That would be great if you could tell me who your lawyer is. It's nice to get some recomendations from people. Please PM me.

[FoolAndHisMoney]

The IRS standards is just the ceiling. It's still based on actual expenses. Bkfiler just posted this explaining the new laws.

http://www.bankruptcyforum.com/t4541-abi-attorney-and-judge-discussion-of-new-bankruptcy-laws.html

[FLGirl]

mangoman - i will pm you later with the info - i have to run right now. look for it later this evening say after 9pm. Glad to help. I love this guy... he's a rare find...

[StaciMM]

You use your actual expenses, and check against the IRS guidelines to make sure anything isn't excessive. If your real expenses are too high, you can only claim up to the IRS #. You can't claim more than you spend, though. I think the trustees will require more documentation than before.

You should not expect to have a successful chapter 7 if your real budget includes $100+ disposable income each month.

My understanding of the new law is that my monthly expenses are set by the IRS. My attorney states that it is still going off of my actual expenses. The IRS standards are actually much better for me as actual expenses don't qualify me for Chapter 7.