Venting about Chapter 13

[HHM]

My concern with mind set is not so much about taking responsibility for the debt, but it is about "Accepting" what your options are and realistically and "objectively" evaluating them. In your case Floridian, it sounds like you got some questionable advice that set the wrong expectation and you are still locked into the expectation, which is unfortunate. The problem that creates is you (or anyone in your shoes) is likely to make a bad decision (i.e. do nothing instead of filing a chapter 13).

I agree with fltoo, it really is false that the Trustee's can do whatever they want. There is some discretion in their job, but for the most part, the law is actually quite clear. You take the means test part 1...if you are over the median, your chap 7 is presumed abusive, and you move on to means test part 2...if you have secured debt and other "allowable and reasonable" expenses such that you have no DMI, you stay in a 7, if not, you are in a 13. It is actually not that hard to figure out.

[floridian]

Hey, any man with a bike has small or no problems!

I still have my dad's first one, a '46 suicide shift. I bet you even know what brand it is.

im sure it must be a harley
...wow, what a collectors dream....

[floridian]

[QUOTE=HHM;250705] The problem that creates is you (or anyone in your shoes) is likely to make a bad decision (i.e. do nothing instead of filing a chapter 13).

QUOTE]

im getting miffed at my lawyer... i have paid him all but the filing fee and now i dont hear from him..

i think he should be helping me find legal expenses to lower my DMI and put me in a 7... just like a good accountant will help with income tax deductions.. im sure there are expenses that others use, that i dont know about...

this is causing me to think that he wants me in a 13 for the money... he already told me that if i get 13, stay in it for a couple of payments and abandon it...why doesnt he know what im in for?

i think im entitled to know before i file, what im going to get... this is where i dont want an arbitrary decision by a trustee, just because he doesnt like my looks.. not to mention, that the only reason that i am over the means is SS funds... i live in a damn mobile home and they want to strip my SS.... i had a chance 2 years ago to get into a 200k house and i thought it too expensive... in retrospect, had i taken the house, they wouldnt be wanting my SS check... sorry, but to me thats not right....

im willing to abandon this lawyer and eat the money ive paid him, if i could find one who is going to work for me..its just the price of doing business, i guess.. just think of the education ive got from all this...

[fltoo]

im sure it must be a harley
...wow, what a collectors dream....

Aw, come one, guess again.

In those days they gave away the matching leather jacket as a promotion. I still have the leather and gave it to my son as a keepsake from his grandfather.

[floridian]

got to be a triumph or an indian, am i right?

[fltoo]

Indian Chief, had to take your hand off to operate the hand shift, hence the danger and suicide shift. He kept them all looking brand new, too. Also have his 69 BMW and his last one before he died, a MotoGuzzi.

[floridian]

very nice! i had an uncle who rode an indian back in the 1930s...

[espo1357]

I have to agree, you "reep what you sow".

I don't mean to be harsh, I am in the same posistion as far as the "5 year sentence". I understand there are at things like medical bills and layoffs, that we don't really control, but you have to accept these things as your life, and move on in the best, most positive way you can. There is no other way.

You reap what you sow...

Unless you are Goldman Sachs.

[lrprn]

espo1357, your post above is to a long-dead thread (last post Feb 2009) that does not add valuable information to the old thread. This is a violation of our forum rules. Old threads may contain information that was accurate when they were posted but is no longer accurate now - that's the reason for this particular forum rule.

In the future, please check the dates on threads before posting comments - thanks!