I was told today I had to file for a 13 not a 7

[dustjim]

[ecsclb1724]

you live in a community property state so even though you are filing separately from your wife, her income is used to determine eligibility.

Two income household for Arizona is 57K and by my calculations you make approx. 64K, over the median.

[DeadManCrawling]

It is based not on what you make, but a combination of what you will have left once the dischargeable obligations are gone.

Your incomes certainly sound reasonable for a 7, to me, anyway, but the attorney must have spotted something that made him think otherwise, or it is a state law thing.

Still, reasonable expenses would probably get you to a 7.

did he run the means test at your meeting?

Please provide more information and perhaps someone can answer.

Aside from income, what are your debts in unsecured and secured? Student loans? What are your expenses?

Has there been a serious change in income in the last year or so?

Have you already retained this attorney? Anyone here would suggest talking to a few more.

[dustjim]

[Frshstart09]

My attorney told me I had to file a 13 because of my income. It wasn't until all documents were in and i went into sign that he said, "we ran the numbers and you qualify for 7". As the previous poster said, your current obligations may make you qualify for 7. Make sure you get legal help adept at means testing. Good luck

[JRScott]

Have you paid anyone yet?

It is always important to get 3-4 consultations before deciding on a lawyer.

Try to find a lawyer that specializes only in Chapter 7.

Also as mentioned you live in a community property state. If you file even if the debt is in your name your spouse will be responsible for it, you both probably need to file, so you really need to see some more lawyers.

[pcn]

Try this one yourself. We were told the same thing - you can only do a ch13. Remember that they make more on a ch13 than a ch7. Then we ran this test below and had many more questions. Now we are looking for lawyers again. Look at it like dating. Or finding a brain surgeon. You certainly don't want a "he will do". You want one who you feel is totally committed to your best interest. People here will help you with the details on how to fill out the means test if you provide them the background info. Then you;ll have better feel for where you stand. Good luck.

http://www.legalconsumer.com/bankruptcy/means-test/

[dustjim]

Yes I already paid 2200 to the lawyer.

and when i do the means test we pass each time.