Not quite Chapter 7...

[starr004]

Well, I have had 3 consultations and it looks as if I am a little short of passing the means test by a few dollars!! Each attorney has said it would be a stretch to qualify me for Chapter 7. They all recommend Chapter 13, but I am a few years from retirement and would probably retire before I complete a five year plan. I guess that means it will be thrown out anyway. I am not sure what direction to go in now. It almost seems that if I will be "locked" in a Chapter 13, perhaps I should just remain locked in along with the debt? This is keeping me up at night. Suggestions, anyone?

[AngelinaCat]

If you had shared your state with us we might be able to make suggestions, other than the obvious.

Seek out a few more attorneys and get their opinions.

We were trying for a CH13, and the pre-filing Credit Counselor we went to--a real live human being--told us that with our income and outgo, though we were borderline for a CH13, that we were FAR better suited for a CH7.

When I lost my FT job, we had no choice but to abandon ideas for a CH13, and do the CH7.

Good wishes to you!!!

[Blossoms]

My husband and I are in a Chapter 7, due to discharge at the beginning of February.

Our attorney thought we might get forced into a Chapter 13, due to our past 6 months income being a few thousand dollars above median for our state, and having a few hundred dollars in disposable income each month, per the means test (really, on paper only). I was employed during the 6 months prior to us filing, but had gotten laid off two weeks before we filed. He advised that we wait a few months to file, so our past 6 months income would be lower, but pressing financial issues forced us to file right away.

I was panicking about the possibility of getting forced into a 13, because no way could we possibly have afforded it, even with me working, and especially not with me being laid off. But everything has been fine. 341 meeting was easy and uneventful, and there have been no objections from the trustee to us being in a Chapter 7.

If you are only a few dollars short of passing the means test, I can't imagine you won't be able to do a Chapter 7. It

[keepmine]

What sort of monthly dispsoable income did your schedules I and J show?

[LadyInTheRed]

If you had shared your state with us we might be able to make suggestions, other than the obvious.

In addition to your state, it would be helpful to know your gross income over the last 6 months and your household size. How high is your rent or mortgage payment?

And, regardless of the opinions you get here, take AC's advice:

Seek out a few more attorneys and get their opinions.

There are many attorneys who don't want to bother with a Chap 7 if they think it will be difficult. It may be that you just need to find one who is willing to do the hard work needed for a border-line case. Even if you do find one who is ready to try, you will need to accept the possiblity that you will not be granted a Chap 7 discharge in which case you will have the option of letting the case be dismissed or converting to a Chap 13.

[LadyInTheRed]

One more question: Do you have a car payment?