Dont Qualify for Chapter 7 or 13?

[cinderella]

I had a consultation with an attorney a few months ago who told me I did not qualify for chapter 7 because I was over the median. I did not qualify for chapter 13 because I did not have enough money left over to make my payments. Most of which were priority non dischargable tax debt for the last 3 years.

I delayed filing a year because of this but now I am thinking the attorney gave me bad advise. They never looked at my expenses, just my income and never did a real means test.

How can you not qualify for anything? or is the bad advice?

[aces67]

If you are over the median then the attorney has to fill out an I and J. If that shows money left over then you are eligible for a 13. If it shows little to no money left over you are eligible for a Ch 7.

You should probably see a different lawyer and let him know what all of your expenses are.

[Pizza]

"Over the median" just means that you have to take the means test. In most cases, it's not that hard to do so, and if you still can't, you can still take Ch.13. I've never heard of anyone not qualifying for either unless they owe more than the limit for 13 (HUGE amount) and are well above the median for 7. Don't give up on this and don't procrastinate, go see other lawyers. You probably just got a bad one.

[justbroke]

I had a consultation with an attorney a few months ago who told me I did not qualify for chapter 7 because I was over the median.

That's when you thank the attorney for his time... and you move on. Get another consultation with another attorney. You do need to actually "shop" attorneys as many won't even take an "over-the-median" case, because they like it "nice and easy". LOL

Remember, being over or under the median has absolutely nothing to do with you being qualified to receive a discharge under Chapter 7. It's your inability to pay a reasonable dividend to unsecured creditors in a Chapter 11/13, which makes you qualified for a Chapter 7.

How can you not qualify for anything? or is the bad advice?

Yes, it was bad advice.