Finally spoke to an attorney!!

[Foofy610]

Thanks for that input. I'll keep that in mind going forward.

[lichteda]

Foffy,

Based on my experiance... don't do the 13 if you can avoid it. If you are borderline on the 7; figure out what it takes to make the 7 work. This may include waiting a period to file.

The 13 can be painful, especially if you have an agressive Trustee; Creditor Friendly Judge and Creditors who are never satified.

Additionaly, any tax returns and additional incomes over your schedules are paid to the Trustee...

If you get bonus, tax returns, inheratance... etc.

Again, if you pass the means test, find a lawyer who will take the case. My law office convinced us to do the 13 when we qualified for a 7. After 2 1/2 years in the 13, we converted and hope to get a discharge in 59 days!

Just my thoughts.

[Foofy610]

Well, we finally had our consultation. Seems like a nice lady. And as everyone told me I would... I now have a little clarity on the matter. So thank you for that!

The attorney said she'll do what she can to file CH 7. It will be close because of our salaries. It's weird. We passed our means test, but she said schedules I & J might challenge the test. We may have to file CH 13.

Opinion:
We were told that if we filed a 13, worst case scenario would be $1,000 a month for 60 months. That's assuming all of the creditors filed claims for repayment.

Do you agree with this?