Is my attorney over confident

[JustDo]

Hello all,
My attorney sees no problem with my income and the means test and filing chapter 7. Any opinions of the following?

$7400 a month income the past 6 months ($6400 or below passes the means test for my family of 4 in CA
$2000 month mortgage (surrendering house)
$1500 credit card minimums
2 car payments totaling $620 which we would like to keep
No other out of the ordinary expenses

I can wait until feb 1st and my 6 months income will be $5800 a month.
My attorney says he is %100 sure my income won't be a problem and can file Nov 1st.

Is he over confident.

[Mi Bankruptcy]

How many people are in your family and what state do you live in?

[keepmine]

If you're surrendering the home, what are using as a housing expense?

[epiphany]

Hello all,
My attorney sees no problem with my income and the means test and filing chapter 7. Any opinions of the following?

$7400 a month income the past 6 months ($6400 or below passes the means test for my family of 4 in CA
$2000 month mortgage (surrendering house)
$1500 credit card minimums
2 car payments totaling $620 which we would like to keep
No other out of the ordinary expenses

I can wait until feb 1st and my 6 months income will be $5800 a month.
My attorney says he is %100 sure my income won't be a problem and can file Nov 1st.

Is he over confident.

Maybe. Maybe not.

An experienced attorney will know the trustees and how things operate in the district and your attorney could very well be correct.

On the other hand, if you are uncomfortable accepting the attorney's word as gospel then maybe you shouldn't.

No one can tell you if he is over confident or not. We don't know him. But if you feel like you are gambling with your future, then it might be best not to and to wait for the safe road.

In otherwords, your question is unanswerable.

That may sound harsh but it really is the truth.

Best of luck to you and please let us know what you decide.

ep

[laurannm]

KeepMine is asking the key question....since you are surrendering your house, it may not affect your means test (this varies from district to district, and you may be in one of those districts that allows you to use a mortgage expense on a house you are surrendering). But what are you using as a housing expense on your Schedule J?

[getouttadebt]

What district in CA? I got my Ch 7 discharge in CA with over $9.4k per month CMI. Surrendered house but got to use big mortgage payement of $3.3k per month on Means Test as this is allowable in the Eastern District. It really depends on the local trustee and the UST. Anytime your are over the median, it could create challenges.

[TEW]

Hello all,
My attorney sees no problem with my income and the means test and filing chapter 7. Any opinions of the following?

$7400 a month income the past 6 months ($6400 or below passes the means test for my family of 4 in CA
$2000 month mortgage (surrendering house)
$1500 credit card minimums
2 car payments totaling $620 which we would like to keep
No other out of the ordinary expenses

I can wait until feb 1st and my 6 months income will be $5800 a month.
My attorney says he is %100 sure my income won't be a problem and can file Nov 1st.

Is he over confident.

make believe you are keeping the house.

[JustDo]

I'm in the eastern district in CA. Allowed to use my 2k mortgage payment. I am about $900 per month over the means test limit for a family of 4. because of a $7,100 consulting job I did in July. I could wait until Feb to file but my attorney is so cofident I can file Dec 1st and this income won't be a problem.

[getouttadebt]

I am also in the Eastern District. You may want to just wait until Feb if you can just to be sure. Good luck. Send me a PM if you want to know more specifics about my experience in the Eastern District of CA.

getouttadebt

[FreshLikeADaisy]

Agreed with Getouttadebt -- wait if you can. Your experience will definitely be smoother if you get below median income, no matter the district. Good luck!!!