I am freaking out!!!!

[dms0122]

Hello...

I retained a lawyer a couple of months ago under the pretenses that I will qualify for a Chapter 7. Well, after a couple of months she is telling me that they have been working and reworking the numbers and I am still above every month. I sent over a revised expense list to see if she missed anything.

Now I am afraid I will be put into a Chapter 13. The reason I am panicking is I submitted the paperwork while my wife was not working. Now my wife is back to work creating more disposible income. I am worried to death of losing the house because of some research I have done here. I have read that there is an allowance for mortgage and household expenses and anything in excess is considered disposible income. Well the problem is I spend around $2500 in mortgage (principle & interest) monthly. If the allowance is, lets say $800, does my disposible income increase by $1700 causing this to be demanded by the trustee for payment??? I am freaking out!!! If this is true, I have no options avail.

[DeadManCrawling]

First, take a deep breath. There is always a way to accomplish what you need to.

Second, what state and district are you in? That will help answer the questions.

I claimed a 7k per month expense on a house I indicated I would be surrendering. It went fine and I was not forced into a 13. You read that right. 4k mortgage and 3k maintenance and utilities. Per month.

You may have cause for concern, or you may not.

Provide a little more info and perhaps folks can offer advice.

There are always ways to achieve what you need. They are not always pleasant, but anything is possible with enough patience and knowledge.

Best,

-dmc

[dms0122]

I live in FLorida. The lawyer seems to want to force me into a chapter 13. She claims I have significant disposible income, but I calculated around $300 or so. The thing is that I don't know all the allowances or values for allowances. I have submitted a revised list of expenses tonight, but I have to wait till tomorrow for her to get back to me. I just want to be able to afford my home after it all.