Who Thought They Would Have to Do a 13 But Got 7?

[Faust]

Who thought they would for sure have to do a 13 but attorney got them filed as a 7?

Thanks!

[Faust]

Anyone?

[LALADY]

I thought I would do a 13. Attorney said 7. Filed 7, had 341. UST came back with statement of presumed abuse. Now I wait...and worry.

[Faust]

I thought I would do a 13. Attorney said 7. Filed 7, had 341. UST came back with statement of presumed abuse. Now I wait...and worry.

Crap!! Do you know why the came back with that? Is that common?

[AngelinaCatHub]

Anyone?

Hi, I'm anyone. We planned to do a 13. We were being bled by my enemy who constantly sued me, milked my money to lawyers and harassed three jobs to dismissal of all. Once that happened, we asked our lawyer (a real dead-head) if we should go 7. She advised to do so. We were asset case, but we were able to do this. Only took three years. Hope that helps. 'Hub

[LALADY]

I have no idea. I've read and read and read here and other places. All I can do is sit and wait...and it's no picnic.

[justbroke]

Presumed Abuse in an indication that the expenses claimed are wrong, or that the presumption of abuse ($109.48 - $182.50 in DMI) is not rebuttable.

[LALADY]

Unfortunately math was never ever my strong suit. I provided all the expenses to the attorney. I could look at his paperwork until doomsday, and it would be meaningless to me.

[AngelinaCatHub]

I have seen many posts here with same flags of abuse. Once explained or cleared up with the paperwork, for the most, it has gone away. Follow your lawyer, it is his name to risk, not yours. He will not wish to be known as a F.U. 'Hub

[LALADY]

Thanks. That's all I can do is wait. If others can suffer through a 13, I suppose I can do it, too. Although, right now, it's hard to see the trees through the forest.

Sad part is had a creditor left our existing loan agreement in place using good faith and fair dealing instead of playing its game in response to our government's intervention, everything would have been just fine...for them, and for me. I was never late on any bills, not once, and had excellent credit before their little game.

Thanks again.

[AngelinaCatHub]

Unfortunately math was never ever my strong suit. I provided all the expenses to the attorney. I could look at his paperwork until doomsday, and it would be meaningless to me.

Math in a 'nutshell' is easy. If you bring in X dollars, and you spend more than X dollars, you get behind the 8 ball. 9 Xs out of 10, you will become a reciprocal number of X. X=I-E (Income minus Expenses) When X is reciprocally negative, then B=-X.

Now, that should clear it up.

In other words, if you spend more than you make, B occurs. B=BK.

I wish the Government would learn such an easy formula. 'Hub

[deepend]

I thought I would be a 13 for sure. Even bought the Nolo Chapter 13 book to prepare. After finding this forum (and spending every waking moments reading and reading) I understood just because I was over the median didn't necessarily mean I would have to file C13.

Talked to 3 different attorneys. All said C7 was feasible. I filed C7 and had no problems so far. Last day for objections is 1/8. There are a lot of factors to consider; a good attorney can really help you understand I think.

Good luck!

[onwards]

Who thought they would for sure have to do a 13 but attorney got them filed as a 7?

Thanks!

I did.

But when I spoke to my lawyer he said "first give me everything and let's see where you fit". Because of the high cost of living adjustment on the means test in our area (family of four almost $80K/year) I JUST squeezed under the threshold for the 6 months prior to filing, so he filed a 7.

Got discharged a couple weeks ago.

[DiamondsR]

Initially filed for a Ch 13 but while completing paperwork (and the fact that in Washington state the cost of living for a family of three is about $71K/year, to my shock), it was converted to a Ch 7. I guess any teacher who is divorced or a single parent here is basically signing on to a life of poverty because I don't know any teachers earning 71K here.
My creditors meeting is Dec 29 so we'll see.

[tdawg]

Initially filed for a Ch 13 but while completing paperwork (and the fact that in Washington state the cost of living for a family of three is about $71K/year, to my shock), it was converted to a Ch 7. I guess any teacher who is divorced or a single parent here is basically signing on to a life of poverty because I don't know any teachers earning 71K here.
My creditors meeting is Dec 29 so we'll see.

My initial meetings with 3 lawyers, they said probably a 13. Then, I got laid off and haven't been able to get a new job yet, so my lawyer filed me as a 7. I am above the median on the 6 month look back, but pass the second part of the means test (and the Schedules) with flying colors (don't know how "good" that is though). ;-)

DiamondsR, who is your 341 with? My 341 is Dec. 22 in Seattle.