Worst case scenario above median Ch. 7 experience

[FreshLikeADaisy]

Wow! Incredible, informative post. I am so sorry that you had to go through this... but if you'll forgive me, glad that it was you, because you've already started turning it into great things by helping other people. All that worry and suffering was no waste, if it changes lives for the better. That's the way I see it, at least.

I am so glad you finally received your discharge!!!!

[rfassett]

The best advice... never, ever give up!

You have learned well, my friend!

And Yoda says, "Do or do not, there is no try!"

[WoodSprite]

Even with an attorney, YOU'RE ultimately responsible

HELP!'s "worst case scenario" post was so full of really helpful pointers I wanted to make sure this one didn't get overlooked:

(6) We thought our job as debtors was to provide the attorney/paralegal with the numbers and they would do the rest. Didn't realize that *we* were the ones who would have to explain the calculations at our 341 hearing or that *we* could be held responsible for a number the attorney came up with. If we had known that a misstatement on our petition could be considered perjury, we would have made sure our petition was 100% accurate.

I loved my attorney, and he really was worth the expense, but I have to say he scared the socks off of me just before the 341, when he handed me the re-affirmation agreement to sign for my leased car. (He wasn't being a jerk waiting until the last minute; he was actually saving me the expense of driving nearly an hour to his office to do it before the 341).

Anyway, I looked it all over, and noticed a little clause in there that said something to effect that "I affirm that I can continue to handle this payment because my monthly income is $____ and my monthly expenses are $____, leaving me $____ to pay this expense." A paralegal had dutifully filled in the blanks based on the paperwork being filed - only the last line was a negative number!

My heart stopped, and I asked, "um, isn't the trustee going to notice that my disposable income is a negative number and that on paper I can't actually afford this car?"

He looked at me quite serenely and said "so, what's the answer?".

WHA...??

Of course, there was an honest and reasonable answer; we had already discussed this. And there was a line on the form inviting me to explain any extenuating circumstances, which I did in a single sentence, as soon as I calmed down enough to think clearly. But had one of us not noticed that (or any other little detail) before my case number was called, the trustee would have quite properly asked me (not my attorney) what the heck I thought I was pulling, and a frightened and panicked reaction would almost certainly have raised her suspicions, although I was doing nothing dishonest and had absolutely nothing to hide.

The point is, even the best-intentioned attorney is not clairvoyant, and her or she can only represent your interests if you take responsibility for understanding the process as best you're able. If you don't understand something, or if the numbers you have provided seem to indicate something other than reality, speak up! If you do your homework, you'll be in a position to answer the reasonable questions that come up at the 341 a bit more calmly.

Of course, if your trustee is an evil wretch, all bets are off...

Thanks, HELP! for the great post.