Attorney Says I make to much??

[ecsclb1724]

If I am not qualified for BK, would it be wise to stop paying?
Also, my Credit Cards are through the same bank as my checking, savings etc... Can they wipe all of that out to collect on the CC?
Thank you again!

If you stop paying you're going to be playing with fire in the future with threats of judgments and garnishment.

If you do stop paying and have money in checking/savings most credit cards have sections in the agreement you sign saying they can take your money from those accounts if you do not pay, even without a judgment.

If you are really going to stop paying, move the money to a new bank.

[blackroze]

Thanks for the Replies. Noone is harrasing us yet, but when we did the short sale, the documents said that the mortgage company is going to try to collect the balance. We called the mortgage company, and that is what they said they were going to do, so we are not sure how long that will take? Yes, if we can decrease her monthly income for a while that would be great! My income is 2759 per 2 weeks. That is gross, net is a little over 1k less. So I am unsure if that is going to help.

On a side note, when I did the online means test, I passed with both of our incomes, with a -300 disposable income... Does that matter?

[HHM]

If you passed the online version (not entirely accurate), then you know you are in the ball park.

The thing is, there is nothing inherently wrong with chapter 13 BK, if you do not qualify for chapter 7. If your minimum payments to CC's are $1,000 per month, and in a chapter 13 you would only pay $250 per month for 60 months, that is a hell of a deal.

You should probably take the next step. Interview a few other attorneys, find one that is willing to further explore chapter 7 with you and hire that attorney. Keep in mind, no attorney can give you a definitive answer at an initial consultation, but find an attorney you are comfortable with.