Is Below Median Income & ch13 always 3 Years?

[TrainWreak]

My income is below median but actual income and expenses right now show a positive MDI. If my attorney puts me in a ch13 is it always a 3 year plan in this case?

[lrprn]

My income is below median but actual income and expenses right now show a positive MDI. If my attorney puts me in a ch13 is it always a 3 year plan in this case?

There's not enough information here to give you a reliable guess about what to expect in your case.

Is the positive MDI you mentioned coming from a Means Test done by you or by your lawyer? If you did it on your own, then the positive result is not reliable. If you haven't already, set up 3-4 free initial consultations with experienced bk lawyers in your area to get a more realistic estimate of where you stand on filing Ch 7 or Ch 13.

If your income is below the median for your state but a Means Test and Schedules completed by an experienced bk attorney still show enough disposable income to support a Ch13 (and frankly, this is very rare), then yes, chances are your Ch 13 plan would be for three years, not five.

[TrainWreak]

My online means test shows a -$828 MDI but my real MDI comes to a positive $294. The latter figure came from the pre-BK counseling service and seems accurate. I am way below the median income for my state and local.
I met a 30year BK only attorney in his new satellite office so he was not able to enter anything into a computer yet. He just opened that office to make it more convenient for filers in my area and it wasn't completely set up yet. His main office is about a hundred miles from there.
Thanks for your help

[lrprn]

My online means test shows a -$828 MDI but my real MDI comes to a positive $294. The latter figure came from the pre-BK counseling service and seems accurate. I am way below the median income for my state and local.

A 'pre-bk counseling service'is *not* a reliable source for completing the Means Test and Schedules. There is a ton of bk case law and precedents plus local court customs that a service like this is not likely to know. Those gaps can make a huge difference in how your Means Test and Schedules results turn out.

I met a 30year BK only attorney in his new satellite office so he was not able to enter anything into a computer yet. He just opened that office to make it more convenient for filers in my area and it wasn't completely set up yet. His main office is about a hundred miles from there.

It's going to be well worth the drive to get a more knowledgeable source to work with you to file your case.

And please, meet with at least two more experienced bk-only lawyers in your area to ensure you get a clear picture of what will happen if you file and which chapter you really do qualify for (and I'm betting it's going to be Ch 7).

[TrainWreak]

I used a different site for the official means test

This was lawyer #4 and the initial interview went well and the fact finding 3.5 hour appointment went well. I had a lot of stuff to go through. Two closed businesses and one still going. His office at his original location is crunching the numbers now. I have already retained him.
I have enough assets to likely go over the allowed exemptions so that comes into play. I should be safe on the house in a 7 or 13
With 30 years of experience he seems to know the local rules and trustee requirements I just want to make sure I get fair treatment. At this time I have no reason not to trust him but you never know.