Which Attorney???????

[deepinit]

Met with a 2nd attorney today - he suggested doing a lien strip of our 2nd mortgage ( $47900) since we are so upside down with our mortgage - owe $210000 - worth about $195000 - so with the 2nd we owe about $258000.
Also have about $90000 in unsecured CC debt.

My concern is having a payroll deduct - with my position in a small company - it will be a problem (even though they wouldnt say that) the 1st attorney i spoke with last week said most trustees require payroll deduct - the attorney I spoke with today said that we can do an ACH from my checking or savings.

2nd concern is we lease a car and the lease is up very soon - the attorey suggested getting a loan and buy it out if we wanted then include it in the Chapter 13 - the 1st attorney suggested getting a $3500 car and deal with it for the next 5 years. I would rather buy this car - low miles and good car than worry about an old car that I dont know about. Our other car is 12 years old and paid for. We have 4 kids and it would be nice to buy out this reliable car instead of going with an unknown.

The 1st attorney also gave my numbers like a 22% pay back over 4 years at $770 per month - the 2nd attorney gave me figures like a 3 year $90 per month( not including car if I buy one)

Todays attorney asked more questions and worked a budget that seemed realistic to submit to a trusttee.

Has anyone had success paying the trusttee directly or do they always do payroll deduct.

Any thoughts on my attorney visits or numbers?
all responses are appreciated.

[olivies]

That seems like two attorneys on two totally different pages that's for sure. Someone will correct me if I am wrong, but I thought you could only do a 3 year plan if are below median income and a 5 year plan if you are at or above median income. So I would be concerned if you fall in the latter category and this attorney is telling you that he can do a 3 year plan for you.

As for paying the trustee, I think that depends on the district and the trustee. Our trustee allows us to pay him directly, with a MO or bank check, or we can choose ACH withdrawals. But I know some other districts in my state require payroll deduction.

[momofthree]

We pay the trustee directly, but he does require a cashier's check each month, no personal checks or bill pay.

Ditto olivies. If you're over median = 5 year. If you're under median = 3 year.

Sounds like the first attorney you spoke with doesn't know much about ch. 13 bankruptcies and doesn't have your best interest at heart...

[pete42]

I also asked my attorney the same question. He stated if the trustee won't accept my request to pay him directly, I could request a hearing with the bankruptcy judge and explain why I can't have the wage attachment. My workplace would really frown on it.