joint Debt, Means Test Question

[cinderella]

Hi,

I consulted with one Attorney who discouraged me from filing because my income was about the median. I asked her if my expenses can be considered and she said no, only income and as long as I am above the median there is no way I would qualify. I think she is wrong for not looking at my expenses isn't she? On their website they claim to have a 99% success rate for Chapter 7. but I think that is because they do it the easiest way to guarantee a win, not whats best for the client.

Also, they told me that if I have any joint debt I have to file a joint case with my spouse (even though were are separated??). The only joint debt I have is two pieces of furniture that I am willing to surrender. I want to file without my spouse.

Also, what if I get an unexpected some of money in the middle of filing? I am not sure about this but I want to file in Sept. and I may get some extra money in Dec. It by no means will make any significant help in paying off my debt but may change my income.




Can someone validate this?

[keepmine]

See another attorney or two. This one's advice seems so far beyond the norm it's not worth pursuing her services.

[DeadManCrawling]

This attorney is being extremely cautious, and may have her reasons for doing so.

I would talk to a few more, read these forums more thoroughly, run the means test online, and re-examine your expenses and debts as much as possible.

If you are near or above the median, that certainly does not automatically disqualify you from a Ch 7, but it may invite extra scrutiny, so if you are intimately familiar with your numbers you will be a couple steps ahead.