0 dmi?

[grdups]

Desperate and don't know how to proceed. Husband met with attorney 2 weeks ago, advised us that income is too far above median, so no 7. In order to proceed with 13, he told us we would have to let car and house go, and wait for income to drop lower. The attorney's attitude became very condescending when he stated that our home is "nicer" than his He said we should allow our home to get foreclosed and move into one of his "rental" houses. Wouldn't that seem to be a conflict of interest on his part? He said our housing allowance under ch 13 would only be $800 per month utilities included. That's unheard of in our area -- average 1 BR apt here is 1200 mo. Also, I still can't find any stipulation for income cap for ch 13 in state of TN. Collectors are hounding us to death, we are at 45 days delinquent. 300K in unsecured debt, 2 mortgages, medical bills through the roof, wayyy over-extended. Will trustee set up a 13 repayment plan if there is ZERO DMI?

We have always worked hard and earned extremely good incomes -- our finances were wonderful until two years ago, when economy began to tank simultaneous with my diagnosis of cancer. We really want to do the honorable thing and pay everything we owe. We've looked into CCCS but really can't see that working if we don't have the necessary income. My husband is in the auto business, and Lord knows car sales are terrible right now. Eventually, they'll pick back up, but our income now is only $3K per month with $8K in commitments. The other thing, my health is continuing to deteriorate I have no idea at this point whether the treatments are going to make a difference. I hate to leave my husband in this mess

Thanks in advance for thoughts you may share.

[pcn]

How many atty's did you interview? It took us 5 to find one willing to work a little harder to get us into a ch7. Sounds like this one is a loser. Being over the median isn't a guarantee of a ch13 if you can show enough legitimate expenses. Who compares themselves to their clients in determining the way to file? I hope you haven't given him any money.

[Flamingo]

Unfortunately when it comes to the point that the Big BK looms on the horizon, reality hits and one must really take a hard look at whether or not they can seriously afford to keep their house if that is what they want to do all along. It's difficult to let things go and have to consider renting, losing assets, etc. due to a mountain of debt. Take the emotion out of your situation as it is a hard reality that emotions cannot change. Please get a few more consultations with several other BK attorneys in your area and take with a a FULL listing of all your debts, monthly payments, sources of income, paystubs, listing of all assets and copies of your most recent federal and state tax returns. With more information and input from a few other attorneys, you will be able to better decide what to do. Best of luck to you.

[HHM]

Without details, (your income, household size, mortgage payment, value of house, amount owed on mortgage), no one here can really say.

The way you describe it, you should talk to some other attorneys (if you are over median, significantly, you need to throw cost out the window when shopping for an attorney). But if you really have $0 DMI (not counting credit card payments) and are over median, what exactly is taking all you money? Usually, it will be too much mortgage, in which case, the advice to dump the house is probably sound in the long run.