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Means test vs. Actual expenses

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    Means test vs. Actual expenses

    I have narrowed it down to two attorneys. Both seem competent but yet one wants to charge me $2900 and the other $1500 for Chapter 7. I don't understand why the big difference.
    Also, I don't know if time is of the essence or not. I have not made a mortgage payment since March and I'm going to use the payment in the means test to quality. However, one of the attorneys told me after we pass the means test we will have to submit what our actual costs are and what rent will be once we move. He said we can tweek the numbers so we have little to no disposal income. My question is this... whats the point in taking a means test if your going to have to submit what your actual costs are after the fact, because you could pass the means test with a mortgage payment your not going to have after you surrender the house and your actual expenses will be less when you rent. It's confusing. Also, is it better to let foreclouser start and then file BK or better to do it before? Sorry for all the questions.

    #2
    I am in Louisiana and I paid 1k plus court fees of 295. I think 2900 is outrageous. I have a very good attorney for the price I paid. I filed chapter 7 in April and just had our 341 today. We had to list our expenses per month but not actual costs i.e. not utility bills etc, only the secured debt we were keeping. We then went down the list with our attorney and gave approximate monthly expenses. Our attorney did tweek the numbers but that was to get us into Chapter 7 i.e. we had too LITTLE disposable income due to our SBA loan (we are going to put our house up for sale and move)

    If you want to stay in your house as long as you can and your wages are not being garnished etc, I would wait until you get the default notice to file (that is what we did). If you have received the notice, then file; it will stop the proceedings until the bankruptcy is discharged and you can live in your house, save money etc, also after the discharge, depending on your state, you can stay in the house for ahile and then move. Are you giving up the house in the bankruptcy? If so, that may change things and is probably why he says you will need to estmate rent.

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