Need advice please read and share your thoughts...

[free2breathe]

If I were you, I'd set up a couple free consultations with other attorneys. You don't have to hire them, but it would be a second opinion as to which chapter to file. If you get a couple of opinions that say they believe he would be eligible, and better off, filing chapter 7, you can then tell your current attorney that you don't want to file a 13 and would rather take your chances on the bike buy-back.

[missemo12345]

My feelings exactly...To have a trustee breathing down your neck for 5 years because of a issue that may a rise... I feel this attorney who has $1200 of our money because we did sign with him last year who at that time advised us of a 13 because my husband job was fine and we were current on the home. He makes more for a 13 and that is fine every one needs to get paid but I do not think we warrant a 13.

[daylate]

Check with other attorneys. I personally don't think your purchase would be viewed as fraudulent. But I am not an attorney or a trustee so that is what that opinion is worth. The motorcycle alone doesn't sound to me that it is worth going to a 13.

[missemo12345]

My husband and I can no longer pay our mortgage his pay has just fallen so low that we can not continue the struggle.
We live in Florida so Here is my question I did a chapter 7... 2 years ago so I am off the hook for the mortgage. My husband has 40k in Credit Card debt which he stopped paying 2 years ago. The mortgage has been current up until now. Our lawyer wants to stick him into a chapter 13 here is why...My husband has Motor Cycle that has a value of $8000 that is free and clear he uses it to get to work along with a $700 car with gas prices the way they are it is cheaper. We can take a exempt of $4000 so we would need to pay $4000 if it appraises for the full $8000 at 341 hearing. We are fine with that. But the attorney said 2 years ago I purchased my husbands car from him that he was selling for market value and paid full sales tax to register it. He says they may say it was a fraudulent sale how is this fraudulent if I paid market value. Is this Worth committing to a chapter 13 for 5 years because my attorney says the trustee MAY not like it? Thank you to all for listening