First Appointment with Lawyer

[Dayhob]

This is my first post. Not sure what I am doing. We had appointment with Lawyer for consultation. I had researched some on the internet and read quite a bit in this forum. We are over median income in our state, so I took the means test. According the the means test we passed for a chapter 7.

The lawyer basically said that we made to much for a chapter 7 and not enough for a Chapter 13. She said that we had less then $100 left after expenses, but could not file chapter 7 because of the income. My husband is working 3 weeks out of the month, she said we should wait and hope he works less. We are trying to keep our house and 2 vehicles. We have little to no equity in any of them. I am not sure what to do now.

[mamaof2]

I would love to know any info on this as well.

[StartingOver08]

Sounds like you need to meet with another attorney - consult with several, at least three or four attorney's.

Just because you are over median income does not mean you can not file a successful Ch 7. I did it and was substantially over median income.

Since you have less than $100 in your DI, there must be some tweeking that can be done in your budget to bring your disposable income to zero or less. Could be your attorney is either new at the BK process or just not the right attorney for you. Please seek other counsel.

[liz417]

I agree, consult with a few more attorneys. I hired the 1st attoney I consulted with (before I found this forum) and he told me I needed to do a ch 13 and my payment would be about $400-$500 /month. After finding this forum and spending countless hours with all the valuable info here, I did the means test on my own (I make over the median income) and qualified for a ch 7 after all my expenses were deducted (my DMI is in the negative). I felt my attorney wanted to take the "easy way out" and push me into a ch 13, I may still end up in a ch 13, but I want to know that my attorney has MY BEST INTERESTS in mind....
Good luck and I hope you find a good attorney.

[Dayhob]

Thanks for the advice. I mentioned the means test and she said that it was very confusing and difficult to follow. I also have a 20 year old daughter who still lives at home. She does not have income, no job due to an anxiety disorder. The lawyer said she did not think I would be able to count her as a dependent. She just did not seem like she wanted to help us. It makes me nervous about going to another one. I have no idea who is good.

I have learned alot in this forum. Thanks again.

[liz417]

Thanks for the advice. I mentioned the means test and she said that it was very confusing and difficult to follow. I also have a 20 year old daughter who still lives at home. She does not have income, no job due to an anxiety disorder. The lawyer said she did not think I would be able to count her as a dependent. She just did not seem like she wanted to help us. It makes me nervous about going to another one. I have no idea who is good.

I have learned alot in this forum. Thanks again.

Sounds like you need to speak to a few more experienced BK attorneys, this one sounds "new" or just lazy...
The means test isn't that hard, you just plug your numbers in...
Get a list of questions together to ask at your consultations (do a search, this topic has been talked about a lot), go with an attorney that you feel most comfortable with.

Good Luck!