Did the means test today

[santadawg]

I know what you guys mean, I have the Nolo book and have done hours & hours of reading on here thanks to this forum and the nice people on it. He was amazed what I already knew.

Hopefully I will know better once the test is complete (someday).
My DW wants to keep the cars because she thinks were not going to get a loan anywhere if we let the cars go. A
We should be a ch-7 no asset case. But, I do have my daughters car in my name that worth about 2500. and my son's old car too, it's worth about 900. I would like to sell my son's car but I was told not to yet. And he said they will take my 4000. tax refund.

[laurannm]

I know what you guys mean, I have the Nolo book and have done hours & hours of reading on here thanks to this forum and the nice people on it. He was amazed what I already knew.

Hopefully I will know better once the test is complete (someday).
My DW wants to keep the cars because she thinks were not going to get a loan anywhere if we let the cars go. A
We should be a ch-7 no asset case. But, I do have my daughters car in my name that worth about 2500. and my son's old car too, it's worth about 900. I would like to sell my son's car but I was told not to yet. And he said they will take my 4000. tax refund.

They will take your tax refund in a Ch 13 scenario, or if you file Ch 7?

I agree with everyone else here, get some 2nd and 3rd opinions, even if you already paid a retainer. Majority of the lawyers we spoke to wanted to push us into a Ch 13 right off the bat, without running any numbers. Thanks to the info on this board, I did my homework and knew we had a good shot at a Ch 7.

[StartingOver08]

My gut tells me that this attorney is trying to go the 13 route so that he can make more $$$. I think you would serve yourself well to get a couple of free consults, buy the Nolo Ch7 book, and go back with guns blazing.

I think that GreenInk has it right.

You need to check the exemptions in your state - you own your daughters, car outright and your son's car outright - both of those cars need to fit in the exemption amount in order to keep them - otherwise the trustee will take them to satisfy debt in the BK estate along with your tax refund of $4000.

[santadawg]

I see no reason to be in a ch-13 just for the cars. I know we should be under the medium. I can't figure out why they wanted to the expense form to be at zero at the end.

Does anyone see any good it would due to visit the credit union and see what they can work out for us, or should I just let the cars go.

[GreenInkOnPaper]

Does anyone see any good it would due to visit the credit union and see what they can work out for us, or should I just let the cars go.

Hey, all they can say is "no". I'm all for asking. Good Luck!!

[santadawg]

P-legal called today, we are under the medium and passed the means test. She said we can go 7 or 13. I think we should go ch-7 and dump the cars. Now I have to convince the DW, she thinks we should keep the cars, because we will never get a loan for a car. But to go with a ch-13 just for the cars makes no sense to me.

[santadawg]

also should I trade one vehicle in before we file, would that make any sense and try to keep one car with a different bank.