Saw the other attorney

[Mom2one]

Should I email him and ask him outright if he doesn't do above the median 7's?

Christine

[ThreadsSnapping]

I might not ask him outright but I might ask him why exactly he thinks you don't qualify for a 7. Is it just because you are over the median or are there other factors involved.

-Maria

[laurannm]

We are about $5000 over the median and will be filing a Ch 7.

Have you completed the means test yourself (http://www.legalconsumer.com)? That will give you a pretty good idea of where you stand. Might even be worth doing it yourself and then printing it out and bring it with you to a couple of consults.

[Mom2one]

I am thinking maybe he needs to see more paychecks with the cut overtime on them . I only have 1 so far?

[Mom2one]

Laura I tried that but get confused on the tax part ....

[Cali]

I would ask him straightforward if he does or doesn't do over median. Why waste your time if he doesn't do them.

[Mom2one]

I came home feeling much better, and now I am throwing up again. This sucks!!!! I step forward 2 steps back......

Christine

[AtWitsEnd]

Christine, Snap out of it hun!! Really, you have tons of good solid advice from this thread AND from the lawyer you met with today! Yes, its stressful, I understand exactly where you are coming from, as we all do. You have time on your side girlfriend, don't waste it worrying yourself sick. Your worst case scenerio is you file right now with a low 13 payment...not too shabby. There are actually some pros in filing a 13 vs a 7. If you are hellbent on a 7, interview other attorneys while waiting for your income to drop.
Best of luck!

[laurannm]

Laura I tried that but get confused on the tax part ....

The easiest thing to do on the tax part is take your most recent federal and state tax returns. Look for the line that shows your actual tax obligation (line 37 on your 1040, not sure what line on your state forms but what you had withheld minus your actual tax equals your refund). Add those two and divide by 12 to get the monthly amount.

Then add to that number what you pay monthly into SS and Medicare. You should be able to get those directly off of your paystubs.

Also add to that any other local taxes (such as excise tax on your cars divided by 12, local payroll tax if applicable).

That's your monthly tax obligation that gets entered into line 25 on the means test

[Flamingo]

I came home feeling much better, and now I am throwing up again. This sucks!!!! I step forward 2 steps back......

Christine

A really good friend of mine went through a nasty divorce, would get advice as to what to do financially from her attorney and several friends and actually got so sick worrying over the details she went to the ER thinking she was having a heart attack - the anxiety of worrying can get you. The ER staff told her to see her family doctor - that she was having an anxiety attack. The advice on here as to what to do is fabulous. No one has given you bad advice and there is no need to worry as to what will or will not occur as to your husband's overtime. It is out of your control at this point but if it is going to drop, it is going to drop and that is what your attorney is waiting for. He cannot file for you now cause he wants several paystubs showing lower income. They will not appear lower before your husband gets paid. The time has to pass for the fact to occur. It would not hurt for you to go to your family doctor, advise him/her you are under severe anxiety and stress from financial issues (it's all private - your doctor cannot divulge anything to anyone) and he can maybe give you something to get through this until it is all over. It helped my friend and she is back on her feet after it is all over and done with.

Don't take my posting the wrong way - I know what you are going through and there is no need to get yourself sick and freak out all those around you. I thought I was going to have a nervous breakdown with all the details and phone calls in the weeks prior to filing. It is overwhelming to say the least.

What may help you is to write down your questions and thoughts on paper and keep a listing/journal and update them/check them off as the time passes to see your attorney again. Having a physical listing of "to do's" really does help and also keeps your thoughts/questions organized.

My best...

[AngelinaCatHub]

[Cali]

I think there are more important things in the world to worry about instead of a BK. And I am not saying this to be mean. If you keep this up, you are going to find yourself in the hospital with another bill to add to your BK. You can only do so much, after than you have to let things happen whatever way that might be.

[Mom2one]

I don't think youare being mean. I know what you are saying. And I am trying to be better with this....

Christine

[Cali]

I don't want you ending up in the hospital. Stress can cause some major problems.

I also agree with Flamingo about keeping a journal or something to help you.

I don't think youare being mean. I know what you are saying. And I am trying to be better with this....

Christine

[qwertysue]

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.

The bank MAY take out up to $599...it's the limit they can offset. If they take any more than that, the trustee may go after them for preferential payment once you file.

As far as being "thankful", I like your list. Try turning that list into a gratitude journal. Every single day write down at least 10 things that you are thankful for. At first you may have a lot of repeats, but before you know it will be hard to stop at thankful item #10! I keep a gratitude journal and it really helps to keep things in perspective.

.