Lawyer says over median = no Ch .7?

[Humonese]

Well we were going to file Ch.7 and pay $2500 today but my wife saw an ad for a local lawyer who does Ch. 7's for $775 and up so I called him. In our quick conversation he said we're over the median and we'd have to look at a Ch. 13 (the opposite of what the higher price lawyer is saying).

He's calling me back when he's in his office, but can't we still get a Ch. 7 even if we're over the median based on living expenses? I really don't want to go Ch. 13.

Is income based on the last 6 months extrapolated or on the last year?

[Humonese]

Sorry, I panicked first, searched second. I think we'll be ok based on the means test but I'm going to let this guy run the numbers to confirm.

[CatsInTrouble]

Ya know, some lawyers won't be willing to go to bat for you. It is extra work on their part if you're above median and depending on means test... They may not want to give you the deal unless you are a cut and dry case.

[HHM]

What ever you do, do not base your decision to hire an attorney on fee. If this "cheap" lawyer said, over median = no chap 7, the reason he does that is the $775 is a "teaser" fee to get you in the door. Then he says, oh, after reviewing your numbers you are chapter 13 (and what he won't tell you is now he can bill your chapter 13 probably $3,000+ of attorneys fee). Now, you may still be a chapter 13 (it is true, MOST debtors that are over the median will be chapter 13's), but you should probably pay the extra money to get a "real" attorney in which you can be confident about the advice.

[DebtStinks]

Take some time and run the means test yourself... it's not a replacement for a lawyer that knows the ins and outs of the bankruptcy law in your area but knowledge is power.

Means Test Wizard

[Humonese]

I've gone over the means test and it looks like we're ok. This must be what the "good" lawyer is thinking about. I talked to the other guy again, he was a complete tool.

Debtstinks, the calculator you linked to is SO much better than the other one, thanks.

[DebtStinks]

I've gone over the means test and it looks like we're ok. This must be what the "good" lawyer is thinking about. I talked to the other guy again, he was a complete tool.

Debtstinks, the calculator you linked to is SO much better than the other one, thanks.

Thanks! I wrote my wizard version of the means test after trying get through the Nolo one. It just seemd like the average person needed a means test that was simple to use. Glad it helped.