OMG at the last minute my lawyer is gouging me for more cash out of pocket!!!

[dmc-2008]

What is an over median chapter 7? I noticed that term in a signature. Thx

[LadyInTheRed]

What is an over median chapter 7? I noticed that term in a signature. Thx

It means your income for the 6 months prior to file is over median for your state and household size, but you still pass the means test and file a 7.

[dmc-2008]

Thanks Lady.
I got a call from the law office and they wanted to "discuss" my options. Now they want to talk rationally, omg, they kill me. Anyway they told me I was making a financial mistake and that mathematically a 13 is better for me than a 7. That might be. But... in my gut, from the outset I didn't think I could deal with a 13 for 5 years. I was being optimistic when I thought that I might be able to. However, when it all hit the fan, I realized at that point there was now way I wanted to crawl in bed with these people or the court system for 5 long years. When I told them flat out that I already got current with the mortgages, it was easy to end the conversation.

I have to go with my emotional gut feelings as well as the math. If I was going to do the 13 it would cost me 400.00 for 5 years and then YES I would be debt free with only one mortgage. BUT for me, the cincher was the 5 LONG YEARS and then staying connected to that law office. The emotional toll would be too much for me. Physically.

So now, I pay the 2nd. which is about 435.00 and have no unsecured debt. With the money I am saving by not paying my unsecured, I can use it to at least make extra mortgage payments AND still have write offs.

I think I made the right decision. And I also think they are going to make my 7 difficult for me. I hope they don't try to kill it out of spite. As you can see, I don't trust this office.

That speaks volumns.

[dmc-2008]

Okay,here I go thinking again. What if the attorneys go ahead and file my BK as a 7 and they make it so the trustee denies and then tries to MAKE me do a 13? Can that happen? Can I then just forget the whole thing or am I stuck?

I am afraid that they are going to try to stick it to me now! I am afraid of my own lawyers. ;-(

[LadyInTheRed]

Going with your emotional gut feelings is a terrible way to make decisions about bankruptcy or any financial decisions. If you are making a decision based on emotions, I don't think you really know whether you are making the right decision.

I know I don't have the fully story, but from my perspective you are not being rational. I've been giving you the benefit of the doubt, but the more you post, the more I wonder whether your attorney has done anything wrong here. Perhaps you have been letting your emotional gut feelings take over too much in dealing with this attorney instead of having rational conversations about your concerns over their fees. I'm guessing you've had some heated conversations and he is trying to calm you down and get you to look at your situation rationally. Have you tried having a calm discussion about the fee situation? Why would your attorney try to sabotage your BK? What is in it for him? Do you really think he wants to risk a malpractice suit to some how get back at you for filing a Chap 7 when he recommended a 13? Do you really think he wants to jeopardize his professional reputation to force you into a 13? There is nothing wrong with him wanting to sit down and explain why he thinks a Chap 13 would be better for you. He'd be negligent not to. If he feals so strongly against you filing a Chap 7, he'd me more likely to tell you he doesn't want to represent you than to sabatoge your petitoin. More likely, after making sure you understand your options, he'd file the Chapter you choose.

If this attorney has really done something to deserve such distrust, you should tell him that, calmly, and give him the chance to regain your trust. If that's not possible, go find another attorney to represent you. You need to have an attorney you can trust, not one you will automatically blame if anything goes wrong in your case.

It's good to trust your gut in your relationships with people. If your gut tells you not to trust this attorney and your rational mind can't overcome that, don't have this attorney file any BK petition for you. But, don't trust your gut in making the decision of whether to file a Chap 7 or a Chap 13, especailly if part of the reason to avoid a 13 is so you don't have to continue to deal with this attorney.

ETA: Nobody can force you into a Chapter 13. If your discharge is denied by the judge (the trustee can only object), your Chap 7 will be dismissed if you don't petition for conversion.

[dmc-2008]

Thanks Lady. I am sure I appear to be so irrational. This has been a rollercoaster for me. First I wanted a 7, then I wanted a 13, then I wanted a 7 again but changed my mind to stay with a 13. OMG, I am crazy~

When I was flip flopping I was trying to talk myself into being able to do a 13. I have always know that 5 years is too long for me and the more I read about it the more it freaked me out because of the failure rate. But I stayed with a 13 until Friday when they told me it was more $$$$ out of my pocket. When before they told me 13 would be covered (I had already given them 2K) thru the payment. They changed in mid stream and that made me utimately distrust them.

So I was going to walk away and eat the 2K loss, but over the weekend decided to do a 7.

I got a call from them last night telling me I made a terrible decision. Really? How come it wasn't so bad when I wanted to do a 7 in the first place? Before I had $$$$ on hand? All of a sudden when I told them I used the cash to get caught up with the mortgage the conversation ended. The well was dry.

Here is the scoop. There is nothing "calm" about the law office I have chosen. That is all I can say. I have heard them screaming and yelling at eachother and clients and on the phone. They freak me out. But they have my money and I am going to see this thru to the end.

That is probably crazy. I probably should let them keep the 2K and find a different attorney, but I am hoping for the best. However, I have aged this past week!

I just guess they scare me in thier tactics, but they are probably not going to hurt me. I guess I am crazy AND paranoid!

[karm43]

No your not crazy! Its the day and age, we live in a fast paced world where everything is about money, corporations have quotas to keep, its everywhere its almost every job, more, more, more. Is this a big law firm? How did they know you had money? Wonder if that would be questioned. If you could do a 7 and keep your house go for it, I would have.

[karm43]

PS 5 years freaks me out too! Then I am going on a vacation! Oh with cash only! I will never be a slave or owe the debter again, it will be cash cash!

[dmc-2008]

Thanks Karm! I wish you all the luck in the world. This forum is a great place to stay motivated while in a 13 I think. I probably could have done it, with lots of morale support!!!

I never want to carry any unsecured debt again either. Finished. Done, Finito! I can't wait to know that I am not paying interest to the banks except for my mortgages which is a write off.

I can't wait to walk out of there with a clean slate and a fresh start!

Cash only baby!!!

[dmc-2008]

Ok when I am being an ass I hope I can admit it and this is one of those times! My law office was completely professional and kind to me today. I was my paranoid thought process that was the issue and not them! All is well and moving forward. Thx for listening.