Saw the other attorney

[Mom2one]

We saw the new attorney today. Said we would most likely qualify for a low payment 13. He gave us the option of filing now, or since Hubby's overtime is cut to wait till our income shows more realistically. He said if we get sued to call him and we will file. He did not do a means test, but I showed him my expenses and he said they looked ok. I am a nervous wreck again. I am hoping we don't get sued anytime soon. He was much much nicer than our ist attorney. We told him all the stuff he said and he said to get the 1st attorney out of our heads. My hubby feels 100% better., He said we should wait and come back in September to see how are pay looks then. Pretty sure it will still be be a bit above the median. He said he did not see us having a big payment and that the trustee is reasonable. But they do ask for your tax return every year. Maybe a 13 won't be so bad. He said to relax, pay our secured debts and he would see us in September. Hopefully we won't be sued inthe meantime. I was so hoping to put off filing till December.

Christine

[Cali]

September isn't that far off, it will be here before you know it.

I am glad this attorney made you feel better. And like you said, C13 might not be so bad.

[AtWitsEnd]

This all sounds like good news Chrissy! I hope this info put you more at ease. Why would you be a "nervous wreck" ? It is very unlikely that you will be sued by September, and your attorney said if you do he would file right away. Thats a good thing! Once you retain him, you can get your creditors off your back from calling all the time. Peace is right around the corner my friend!

[laurannm]

Glad to hear it went well Mom2One

I 2nd what Cali said....time will fly by quicker than you think and before you know it, it's time to file .

It's highly unlikely you'll get sued (I think you said you were only 2 months behind) any time soon.

I think once you consider everything, a Ch 13 may not be as nice as a Ch 7 but it still isn't the end of the world. There are many happy Ch 13 stories on this board.

In any event, since you have a couple of months, I would still consult with a few more attorney's, and in particular try to find one who will run a means test as part of the consult. At least that way you will have a good idea of what direction you'll be headed in and you can start to move forward

[AngelinaCatHub]

Greetings Cali, Laur, and Chrissy, Wits, (did I miss anyone?). If you get sued you have 20 days to respond, then a hearing in 30, so you will have time. In your response I would not deny anything, but state that your situation is beyond your control and you are soon going bankrupt, and list your attorney. All above are right, you are doing well and sounds like your lawyer is on the ball. A rare thing. 'Hub

[Mom2one]

I don't know, I mean I guess I am just afraid of what the payment will be if we have to file soon. He did tell us how much he charges for a 7 so who knows. He didn't tell us what he charges for a 13.He confused me though because he said you can only do a 7 if you are below the median, even with expenses, that made no sense. UGH Of course now I will worry every night about getting sued. I am worried about our air conditioner and heater loan, as we have a 10 year warranty that will probably be voided now, and I am worried about my one account at M and T bank, we have a line of credit and we owe 800,. That will be included in the bankruptcy, but they take the amount out of my checking account if I don't pay the overdraft each month. He told us to slowly take the money out of the account. I will worry about the bank sueing us too. Ugh I hate being a worrier. I was confused as he said he may have to lower my clothing budget. Which I had at the IRS standards... Who knows. I am trying to be thankful for the things I have, a great hubby, a wonderful son, a nice but small house. Cars that run. Food in the fridge. AC that works LOL. And my bills are paid. My hubby and I have been through alot in our 17 years together. He was laid off 2 months before our wedding, thanks George Bush Sr., we had to leave everything we knew in NY to move to MD since that was the only place he could find work. Lived there for almost 10 years and hated it,. My son was born in 1995 11 weeks early weighing only 1 pound 12.9 ounces. that was a long summer..... I am rambling again.

Thanks for listening
Christine

[dragonnfly]

What he may have meant to say is you can only file ch 7 if you are under the median if you have me as a attorney. Our first consult was like that, he simply did not mess with over the median ch 7's. If you have till Sept. definitly do what the above poster stated and interview more attorneys. If you have any public access to Pacer research your choices on there. Our first attorney we paid a retainer filled out the paper work for a 13, he did something stupid and scared us. We moved on and filed 7 and now are close to awaiting discharge. Im glad he screwed up otherwise we would be in a ch 13 we couldn't afford. Dragonnfly

[Mom2one]

Oh No, I hope thats not what he meant. Can they really do that? Jeeeez.Has anyone else ever heard of this?

Christine
worried once again

[Mom2one]

Maybe its because right now we are over 5K over the median?

[dragonnfly]

We are $15000 over the median. The median income does not tell you in general if you can file 7 or 13, it tells you if you have to complete the means test. Being over the median does not mean you cant file 7 it just means you have to complete and pass the means test to do it. Dragonnfly

[Cali]

We were way over median too. But filed C7.

We are $15000 over the median. The median income does not tell you in general if you can file 7 or 13, it tells you if you have to complete the means test. Being over the median does not mean you cant file 7 it just means you have to complete and pass the means test to do it. Dragonnfly

[Flamingo]

We saw the new attorney today. Said we would most likely qualify for a low payment 13. He gave us the option of filing now, or since Hubby's overtime is cut to wait till our income shows more realistically. He said if we get sued to call him and we will file. He did not do a means test, but I showed him my expenses and he said they looked ok. I am a nervous wreck again. I am hoping we don't get sued anytime soon. He was much much nicer than our ist attorney. We told him all the stuff he said and he said to get the 1st attorney out of our heads. My hubby feels 100% better., He said we should wait and come back in September to see how are pay looks then. Pretty sure it will still be be a bit above the median. He said he did not see us having a big payment and that the trustee is reasonable. But they do ask for your tax return every year. Maybe a 13 won't be so bad. He said to relax, pay our secured debts and he would see us in September. Hopefully we won't be sued inthe meantime. I was so hoping to put off filing till December.

Christine

See? There are nice lawyers out there....I usually try to back them up in some way (you can tell I work in a law office - LOL!) but I am spoiled cause I work with attorneys who just live and breathe their clients. I am so glad you are comfortable with this one - believe me, there are even nicer ones out there! What you felt seeing this attorney is what everyone should feel when they walk out. Try not to worry so much - just do as he tells you.

[Mom2one]

I know I am probably worrying over nothing. I am worried now because he kept stressing if you are over the median its 13. But then he told us if we come back in September we may be able to do a 7. But I am sure by then we still won't . PLus I am wondering why he said he may have to lower my clothing budget and it was within IRS standards. Oh I am rambling now. Sorry. He was confident that we would have a low payment.

Christine

[Flamingo]

I know I am probably worrying over nothing. I am worried now because he kept stressing if you are over the median its 13. But then he told us if we come back in September we may be able to do a 7. But I am sure by then we still won't . PLus I am wondering why he said he may have to lower my clothing budget and it was within IRS standards. Oh I am rambling now. Sorry. He was confident that we would have a low payment.

Christine

Remember - it is what it is. All you can do is your best between now and that time and let things happen as they will happen. All he was doing was giving you your options as they may happen. It will be one or the other or you just do not file. When you see him again you will have more firm figures to work with which will make that decision. Remember, clothing is not leaving the planet. Now is not the time to worry about your clothing budget. Worrying is normal in your situation because there are just so many details. But details can and will change by September so take each day as it comes.

[Mom2one]

Thanks Flamingo