Lawyer has me totally confused and shocked

[andy158]

Met with lawyer on Saturday to finalize petition for Tuesday filing. Thought everything went well. Got a call from him Monday evening and he told me he found an error on the Means Test transfering information to his software and I am $950 over the limit. Schedule I and J have me with a DMI of only $109. He said it looks like I need to look at chapter 13. I live in WV. Got my Credit Counseling Certificate through him and even filled out the entire chapter 7 petition! After 5 meetings with him he dropped this bomb on me. And he is charging me 1/2 of the fee he quoted me at the first consult. He doesn''t do chapter 13 bk's, but refered me to a lawyer that does. WTH? I did alot of the leg work for my case myself, i.e. securing credit reports, NADA vehicle data, spread sheets of creditors, real estate comparables, etc. Should I persue chapter 7 with a more organized/concerned/interactive attorney? He wouldn't need to do much!

[StartingOver08]

I would dump that attorney. If he is afraid to file a Ch 7 for you and you are only $950 over the median income. I am assuming that the $950 over median is an annualized number. He doesn't even sound like he practices much if he is afraid of filing a BK over median. I was substantially over median and was able to successfully file a Ch 7 - and I attribute the successful filing directly to my attorney (and to the documentation I was able to provide). Don't underestimate the value of a good attorney - and I don't think it has anything to do with the price of their fee. I would regard his call to you as a huge red flag.

[ska]

Have you reviewed the numbers he put on the means test? Maybe something isn't correct? Are the expenses on your Sch. J all expenses you can use on the means test? I would go through the means test and maybe consult another attorney.

[andy158]

The figures he used were 6 month ytd off pay stubs. Looks like he used wife's net figures instead of the gross figures on the Means Test. At first consult he determined I was $200 under the limit. I should have questioned his abilities when he asked me three times for the same document and misplaced two faxes I had sent him.

[liz417]

I agree with StartingOver, I would dump this attorney now! He sounds like he has NO experience in BK, even at a DMI of $106, you should still be able to file a ch 7, I think you need to be at $167 DMI to be pushed into a ch 13...he doesn't know what he's talking about!!! Run and don't take his recommendation either!!!! I was over the median and my 1st attorney insisted that I do a ch 13...according to him, that's all I qualified for...I consulted with 6 attorneys and finally found one I was confident in.

Good Luck!