What would you do?

[Bkman2]

I'll keep it short because I posted my story before. I'm 1099 wife is W-2. Community state and only I filed. Filed in December 2009. I/we were over the state income limit by $169.40. Decembers income after I filed would have put us higher so I went with a chapter 13. Had income for January, but nothing for February.

At the 341 meeting trustee said attorney didn't put in my budget my wifes CC payments or her 401K loan repayment. CC payments are $125 and 401k repayment is $210 a month. If they don't count her 401K repayment that still is $125 less each month on my DMI. Right? Would that not give me a DMI of $44.40 each month? Wouldn't that they put me in a 3 year plan or even a chapter 7?

I just want this to be over with. I'm a stay at home parent and try to work at night and on the weekends. Getting paid once a month or every 2 months is not going to work with a BK for 5 years. I told my attorney that a chapter 7 would be the best for my family (house payments never late) but he said the numbers didn't work. Seems like they did but he didn't put all of the numbers in.

Any advice? I meet with him again on the 24th to go over the 341 meeting.

[becky20]

Did you already hire him? Did you have consultations with several attorneys?

[newbie2]

Your wifes income that clearly does not go to the "household" (401K loan, credit card bills, etc) should not have been included in your household income.

I suspect that when you subtract those payments out per month that you are not over the median income, and also that you don't have the disposable income to fund a Chapter 13.

Your attorney said "the numbers don't work." Gather up all of your wifes bills and make copies of what she is responsible for each month. Then sit down with your attorney at your next appointment and demand that he show you how the numbers still "don't work."

Sorry for rambling..this kind of thing makes me frustrated and angry.

[Bkman2]

I talked to several attorneys. All said a chapter 7 was the way to go. This one seemed the best. I paid $1500 for the chapter 7 and then was told my income was to high. I gave everything asked for and gave all of my wife's information. I plan on looking at what they filed again at the next meeting. It would seem they didn't do all that much and the attorneys assistant just wanted the money from the chpater 13.

I just wonder if with what the trustee said to do it will put me in a chapter 7 and if so can they use what they have or will they need all new paperwork?

I know that if it is a chpater 7 because of what they did (didn't) do they they should cover the cost to redo the case file.