2nd Attorney--Apparently, I am not getting it...

[albacore44]

What the hell do I do with the car after I buy it then? Lol. The shitty thing here is that if I file a Chapter 7, I still have a $909 1st mtg, $335 2nd mtg and $502 car payment to make. After those bills are paid and all of my utilities (electric, gas, water, satellite, garbage, home phone, cell phone, internet, etc..) I will have $500 left to spend on gas, food and whatever else. I drive 90 miles to and from work, so at least $150-$200 a month in gas for that is needed.

Now, in 18 months the 2nd will be paid off. That means that I will have $335 more per month, but I want to quit the 2nd job then which will about break even.

So, the frustrating part of all of this, for me, is that even after a CH 7 I am not going to be rolling in the cash and this is totally not me abusing the system...

I grieve with you........thats exactly what I told the attorney but it's part of the strategy unfortunatly. And i see something else you just disclosed that your att did not tell you. that extra $335 a month you think you will save after 18 months, the trustee will want that savings to go into your Ch-13 plan to pay your unsecured creditors if you go into a 5 year plan. that is why you need to buy a car.....or find additional expenses to keep you out of a Ch-13. I know it's crappy, but thats how it works.

[DustinLH00]

Well I really don't want to do a 13, just because my $500 will be dropped to $300 which means that after gas, I will have $100 left for food, groceries, entertainment, prescriptions, savings for emergencies, haircuts, pet food, vet bills, clothes, toiletries, household items, cleaning supplies, contacts/glasses, etc...

How can they expect that to work????

I grieve with you........thats exactly what I told the attorney but it's part of the strategy unfortunatly. And i see something else you just disclosed that your att did not tell you. that extra $335 a month you think you will save after 18 months, the trustee will want that savings to go into your Ch-13 plan to pay your unsecured creditors if you go into a 5 year plan. that is why you need to buy a car.....or find additional expenses to keep you out of a Ch-13. I know it's crappy, but thats how it works.

[albacore44]

Well I really don't want to do a 13, just because my $500 will be dropped to $300 which means that after gas, I will have $100 left for food, groceries, entertainment, prescriptions, savings for emergencies, haircuts, pet food, vet bills, clothes, toiletries, household items, cleaning supplies, contacts/glasses, etc...

How can they expect that to work????

You really got to find the right attourney. Look for one who does bk only and has many years experience then weed through them from there.