Would I qualify for a 13?

[optimistic1]

Being over the median does not dis-qualify you from filing, it just means your plan must be 60 months long, no more, no less. The TV is probably exempt under your household exemptions.

[lrprn]

Myheart07, as you have discovered, filing Ch 13 is very complicated. You need a lawyer, especially with your daughters' incomes involved. Set up free initial consultations with 3-4 in your area. There are tremendous differences in how the Ch 13 parts of the bk law are interpreted between different bk courts, bk judges, and Ch 13 trustees. Income calculation and expenses are particularly variable. Only a bk lawyer very familiar with filing Ch 13s in your local court is going to know what's going to be accepted and what isn't. No one on this board can do more than give you general information - you are asking for specifics, and we can't reliably give you that.

As far as wanting to pay back some $ to your creditors, that's admirable. However, filing bankruptcy needs to be a cold, emotionless financial decision. If filing a 7 is better for your family in the long run, then that's the best decision to make. Talk with the lawyers during your interviews. Lay out all your financial cards and be open to hear what they have to say is best in your situation.

[myhearts07]

LRPRN, thank you for your feedback and you are correct in me looking for specifics. I did go back to the attorney with the questions that I have because he initially spoke with my husband without me and he only shared with me what he remembered. WE got the paperwork and request for documents from the attorneys office and I did see that he had included all our expenses and when I questioned him about a 13, he said that he would not support us doing that as we did not have the DMI to support it, he further said that there was no guarantee that the cramdown would happen on the van because the lender would have to agree to it. So, this is the end of it all for us as far as what we should do. We will do the chapter 7 or rather he will and hopefully we can stay in our home or we will have to move in a few months and will just save all our money for that. Thank you all for all of your feedback and help it has really given me some clarity and hope for a new start. Good luck to all who are filing and be blessed.

Hearts

[optimistic1]

The lender does not have a choice when it comes to the cram down rule. They might want some extra interest, but they cant just outright decline it, the judge would rule on the decision ultimately.

I interviewed about 8 attorneys, all of them would try to sell me the Chapter 7, because its easy for them. If you are really wanting a 13, then go to more consultations.

[eddiep]

have you spoken to your mortgage company to see if they could modify your loan before you file?