I just had a consultation today for bankruptcy. I was told that I did not qualify because I made above the means of my state. My income has been dramatically reduced due to health reasons, I may make close to the median for my state this year, but not by much. The attorney did not even look at the last 6 months, he averaged the next 6 months. Has anyone run into this or have any suggestions? Thanks in advance.
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Try several more consultations with different attorneys. Some attorneys like to make sure a Chapter 7 fits nice and squarely into the limits. If you are above the median and don't have enough offsetting expenses, then you will likely not qualify for a Chapter 7 (period). You may find another attorney that is more comfortable with "close" Chapter 7 cases and is willing to take the case.
You also must remember, that the inquiry into whether you qualify for a Chapter 7 is not solely the six month lookback. If you already have income that shows you are above the median income and that will continue in the future, then the attorney is probably correct to look forward (as well as back) to determine just where you fit.
Your best strategy is what I wrote first; consult several more attorneys.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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