Try at leat 5 attorneys. One of the attorneys I met just pushed me into chapter 13. She was wrong since Chapter 7 was available. Chapter 13 was way more expensive than chapter 7....That's why?
So I met another attorney who told me that chapter 7 is 100% available even though my income is above the state income.
Remember that attorney is just an advisor but you are the one who sign on the petition and take all responsibility.
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Dont let anyone tell u that bologny. Only crooked attorneys tell u that and then try to get u into a chapt 13 because thats how they make money. They dont make money in chapter 7 other than the fee u pay them.
Whatever u do, dont believe such a thing. A few attorneys tried the same thing on me and It didnt work and I filed a 7.Leave a comment:
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StartingOver08is right, that just sounds bad. I mean no doubt, it will require more work on the attorneys part for someone over median, and maybe he deosn't want to explore that. Him making a blanket statement like those over the median cannot file ch7 would be enough to turn me off for sure.Leave a comment:
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Contact another attorney - pronto! If he is only looking at your income and not your expenses he is not a good BK attorney IMHO - he sounds like a Mill attorney.Leave a comment:
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Lawyer says I can't file chpt 7, I think he's wrong...
My attorney just emailed me and said that my wife and I exceed the median income for our family size in our state (family of 4, state of FL). We are about a month into the process as our attorney is overwhelmed and just got around to looking at my pay stubs. Now everything I have seen online seems to say if we are above that median income we can proceed to the second portion of the means test which breaks down our expenses and assuming we have less than $166 a month we would still qualify for a chapter 7. However my attorney says that the second we make more than the median we do no qualify for chapter 7, period.
Part of me thinks there is no way an attorney could be wrong about something like this seeing as he does it every day, but I can't find anything online that backs up what he is saying. Before I even started this process I did somewhat look into all of this and did a means test online that I figured would give me a general idea of where I stand, just to be sure I wasn't wasting my time. The test showed that we had negative income of about $200 a month. The site I used is below.
At this point should I contact another attorney, or is this one correct? I just don't feel like I can trust what he says at this point with how long he has taken with this. And the kicker is the fees went from $2,500 to $3,900.
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