Need Advice

[hocus]

I saw the atty yesterday. My income is a couple of hundred dollars a month too high to file a chapter 7, so I'm looking at a 13 or nothing.

What happens if I file a chapter 13 and my car needs a major repair, or some other unexpected expense comes up? That really bothers me. Does the expense allocation allow for any vacations or do they really cut into such expenses.

I'm really torn about what to do.

I make a decent living but I had to miss a bunch of time when I was sick. I had some unexpected expenses. And I have made some bad choices. I really don't know what to do.

I used legal helpers. She seemed to know what she was talking about, but I'm wondering if I should see a private attorney.

[aa06a47]

Welcome to the forum, no one will pass judgement on you here, all of us have been there, done that, or doing that.

You might set up a few free consulations with attorney's in your area. Find one you like to work with. Legal helpers might be good, depending on what attorney works with them in your area. If your only a couple of hundred dollars above the medium, you might still quality for a chapter 7 if you have enough secured debt and payments to pull you under the medium. Many attorneys will push people into a chapter 13 because they get paid more. That is one reason for a couple of good consults before filing. Best wishes

[SinkingFast]

Many attorneys will push people into a chapter 13 because they get paid more. That is one reason for a couple of good consults before filing. Best wishes

That is especially true when you're close to the Median. Many attnys will just go the "easy" route and take you Ch 13. Put you in a plan they know full well you cannot afford.

We were close to the Median too. Only we were slightly under. We Consulted a bunch of attnys and almost all of them wanted to take us Ch 13.

Schedule more Consults with other attnys. See what others have to say. Because finances are such a touchy subject, attnys expect that most people won't shop their BK around. But it might pay off for you if you do.

As Aa suggested, you might have Secureds or Priority debts that will bring your income down to a Ch 7. You'll just have to research, learn, and visit with more attnys to know for sure.

[redemption]

Sinkingfast, when you say secureds are you talking about cars, property, etc?I had a car and two loans that were secured but everywhere I went I was told I would have to do a 13 because I was over the median and that's what I ended up doing. The total amount for the loans and car would have put me under the median if I'm understanding you correctly. Could you carify that for me?

[FilingOnMyOwn]

That is especially true when you're close to the Median. Many attnys will just go the "easy" route and take you Ch 13. Put you in a plan they know full well you cannot afford.

Not only that, but the attorney collects a higher fee in a chapter 13. Hows that for getting raped not only for the attorney fee, but paying out for years and years on top of that...

If you're only over a couple hundred disposable income monthly, I'd still go for a chapter 7. With expenses going up as rapidly as they are these days, there is absolutely no reason you wouldn't be able to do it.

[spell]

You'd be shocked at how many lawyers are afraid of the means test.
Is your income a few hundred over median? Or did you really fail the means test?

Talk to your attorney about what expenses were used in the means test and which categories you had zeros for, then bulk up spending for a few months on home security, guns, a junker extra car, etc.