Spitting nails and then some........................

[ValleYum]

I am surprised you get back anything my joke of a lawyer is keeping 2k and did nothing. You r luckhy

But wait just a minute, your lawyer has done some things. You have posted that you have asked him several questions you asked him on here in the last week or so:

I have been putting $$ in bank so i can bring first to current but nothing else. Talking to my attorney later, will post

I am already confused! He said they strip the second and third. So i assume that not getting paid? Then he said his fees get paid first thru trustie.

I am waiting for an appraisal referral from my attorney and today when I asked about it he said, we will do it AFTER I file.

Besides that, you first went to your lawyer to file a Chapter 7. It is very likely that he had run a Means Test and done some preliminary paperwork for you (at minimum) after your initial meeting.

Then (from my reading of your previous posts), it sounds like you got worried about not being able to find a place to rent after a Chapter 7 with a side of foreclosure and went back to your lawyer wanting to change your mind and file a Chapter 13 with lien stripping(s) - you have a 2nd and a 3rd, right? I don't know why he is asking for the $$ up front since it can be included in the plan, but I imagine you have used up quite a few of his billable hours and to a lawyer time equals money and he is asking for more as a retainer for his services.

I guess what I am saying is that I think you are badmouthing your attorney unfairly.

Good luck in your BK endeavors.

[pamkev]

I am surprised you get back anything my joke of a lawyer is keeping 2k and did nothing. You r luckhy

I'm so sorry to hear that we will see how it all works out at the 341 meeting still nervous till that is over with. Pam

[dmc-2008]

I am surprised you get back anything my joke of a lawyer is keeping 2k and did nothing. You r luckhy

[pamkev]

A heads-up...

Having an auto expense certainly can help in two ways, but be aware of a common problem - make sure the loan is perfected before you file. That would mean that the auto loan is shown as a lien on the title and that you have made a couple payments on it. A non-perfected auto lien is an easy grab for the Trustee.

Thanks for the advice and a update we won't need to have a auto loan our fuel heating cost put us into a Chapter 7 what most people pay for a car loan we pay a month for heating. It's the only good thing that has come out of the high heating cost. Pam

[btbeme]

Yes I am you guys are the best
Mght be car shopping this weekend just to look for now

A heads-up...

Having an auto expense certainly can help in two ways, but be aware of a common problem - make sure the loan is perfected before you file. That would mean that the auto loan is shown as a lien on the title and that you have made a couple payments on it. A non-perfected auto lien is an easy grab for the Trustee.

[pamkev]

Calling all experts here. My head is still swimming over everything. I'm trying to understand something else my lawyer said yesterday even though I don't work nor get paid from my school in July/Aug she pro-rated it in the 6 month look back period from Feb-July even though I don't get paid in July I think she said she included it. I'm thinking it should not have been. I'm sure I'm over thinking things. I did the means test again from July/Dec with just my pay from my summer job and when I go back to school from Sept to Dec and hubby not working any ot even without car payment we would be negative in the means test.
Since it would be the end of year would they look at the whole year and just divide that by 52 weeks. I make the bulk of my income from Jan-June. UGH I hate that we did this to ourselves.

Pam

PS Another stupid question if we get our daughter term life insurance we claim her on our income tax can we use that on the means test or is it just us. Can we claim any of her medical expenses

[pamkev]

As KS says: Preplanning is HUGE. But you are lucky. You have all of us here to help you!

Yes I am you guys are the best
Mght be car shopping this weekend just to look for now

[pamkev]

Pam, there are any number of under median 13's here. They are the ones who have the option of 3 year plans.
As VY points out, means test is just the first part. The rest is expenses. That's why the subject of buying a car comes up. It's a legit expense, as is increasing your insurance coverage.
It's all about good preplanning. Which is where your atty is coming up short.

Yes I think you could be right and will talk to her Tuesday. I did mention getting term life insurance for us both to help out and she said she didn't think that would help. Like I said before get car negative dmi don't get owe owe 500.00 a month. Hubby needs a truck will see after talk with her on Tuesday

[ValleYum]

As KS says: Preplanning is HUGE. But you are lucky. You have all of us here to help you!

[pamkev]

Pam? What do your Schedules I & J show as income? You not only have to "pass" the means test but you have to show little to no disposable income on those schedules, too.

Hang in there - keeping you in my thoughts

Yes I am finding that out so maybe it wasn't my lawyer it was me not understanding. I was wrongly assuming that if we were below the income level it's a Chapter 7 guess I didn't read enough. If we purchase a car we are in the negative income on the means test if not we owe. Will ask about if I don't work second job what will happen if not think we will be going car shopping. Pam

[keepsmiling]

Pam, there are any number of under median 13's here. They are the ones who have the option of 3 year plans.
As VY points out, means test is just the first part. The rest is expenses. That's why the subject of buying a car comes up. It's a legit expense, as is increasing your insurance coverage.
It's all about good preplanning. Which is where your atty is coming up short.

[ValleYum]

Pam? What do your Schedules I & J show as income? You not only have to "pass" the means test but you have to show little to no disposable income on those schedules, too.

Hang in there - keeping you in my thoughts

[pamkev]

Now I'm really confused can a TT still make you do a means test if your under the median income for your family size? Reason I'm asking our lawyer called told me that that when we are close to the median income the TT in our area will do a means test to see if we have disposable income and this is where the issue lies because we do. I went and plug in the numbers on the means test and if I filled it out right she was right so that is why she might have "suggested" not keeping the second job as that would reduced our income by at least 4,000. I did not do the means test before cause we were below median income and thought we were okay now that hubby's ot is gone. I still don't know why she offered a refund and will ask her that on Tuesday as she only had a few minutes she was between clients.

Pam

[pamkev]

If you need a car, you need a car. It's really not the same as upping your tithing. Bass ackward, kinda, but it works. Just don't get a high end Mercedes. THAT would not look good. You need to keep the payment reasonable for your income and not go above the amount your district allows (usually 496-ish)
Volunteers are always needed. Just a thought.
You need to be clear on what the issue is before doing anything drastic tho.

Oh I know so not doing anything till after we talk to her on Tuesday or other lawyers when we see them. Hubby is driving a 1997 truck which does need replaced and if we could get something where payments would be in the 300.00 range or less that would be good but again not doing anything until we talk to her or other lawyer.
Thank you for all your support

Pam

[keepsmiling]

If you need a car, you need a car. It's really not the same as upping your tithing. Bass ackward, kinda, but it works. Just don't get a high end Mercedes. THAT would not look good. You need to keep the payment reasonable for your income and not go above the amount your district allows (usually 496-ish)
Volunteers are always needed. Just a thought.
You need to be clear on what the issue is before doing anything drastic tho.