need advice , help

[amjo30]

Husband and I filed a ch7 in 2003 and now live in Florida. We are trying to file a chapter 13 to get our bills in order. So far, we have been to two attorneys who refuse to help. Here's the problem, we have $3500 dollars each month and our expenses total $3400. This includes the mortgage, childcare, car note, and utilites. well, attorney states we don't have enough to pay into the plan. I just don't understand it. The car note itself is $600 so if I had a plan that would cram down the car then the note would drop to about $400. That should leave atleast $200 over for the unsecured claims. He suggest that we wait two years and file a ch7. I told him before two years, I won't have a check because I'll probably be sued by all the creditors. I am going see another attorney in two weeks which was the earliest appointment i could get. I don't know what else to do. any suggestions? unsecured debt is about $55000 and owe $22,000 on car.

[rrockinggramma]

buy yourself a cheaper car with a more affordable payment and surrender the one that is 600.00 Look at your budget carefully. I am sure there are places where you could cut some corners. And yes get another opinion.

[amjo30]

Re

We can't get another car for two reasons. First, credit scores too low to get financed. Secondly, owe more on car than what car is worth. Also, don't have any other vehicle

[rrockinggramma]

save up some cash then and let this one go in your bk. You aren't trading in this car so negative equity is not an issue. You are simply getting another vehicle and turning this one in after you file.

[amjo30]

Re

The problem is that we haven't found and attorney that will file our bankruptcy. So far, two have refused.

[StartingOver08]

But they refused because you want to keep this car. In order to keep this car you have to reaffirm the debt and they would have to sign off - they clearly do NOT want to sign off on this car. Have you owned the car for at least 910 days? If not, it may explain why they do not want your case - you are talking about a cram down and you need to have 910 days to do it. IMO.

If you really want to do a 13, give this car back and get a cheapo.

[AngelinaCat]

There are many posters here who have successfully filed themselves, it is called pro se, in both Ch7 and Ch13 cases. Nolopress.com has books that you can purchase online and download on both chapters.

[amjo30]

Re

The car is over 910 days old. We purchased it in April 2006.

[StartingOver08]

The car is over 910 days old. We purchased it in April 2006.

And you never refinanced it during your ownership so it has the original loan?

[HHM]

There are many posters here who have successfully filed themselves, it is called pro se, in both Ch7 and Ch13 cases. Nolopress.com has books that you can purchase online and download on both chapters.

However, I strongly discourage you from doing a chapter 13 pro se, for most debtors, there are simply too many landmines and traps.

[amjo30]

yes, it has the orginal loan

[liz417]

The car is over 910 days old. We purchased it in April 2006.

What reason do they give that they don't want to take your case? As 'startingover' has pointed out, you could "cram" the car down into your ch 13 payments. Also, maybe you should try to save cash and purchase a good used/affordable payment vehicle, which would give you enough $$ to fund a ch 13 payment plan.

[amjo30]

We can't get financed because of our credit score and we also can't afford to put any money into a used car for repairs. The car we have now is still under full warranty and we pay nothing for maintenance and repairs. It also has very low mileage. I just think the two attorneys were lazy and did not want to crunch numbers. They determined all this without looking at all my acutal check stubs.

[AngelinaCat]

However, I strongly discourage you from doing a chapter 13 pro se, for most debtors, there are simply too many landmines and traps.

I concurr with HHM. Going pro se is a very stressful, time-consuming process. I should have just simply advised purchasing the books to use as Reference Manuals in your process of locating a suitable attorney.

Thanks HHM