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    #1

    Please Help!

    Excuse me if I'm a bit incoherent but I'm terribly confused and frustrated with my lawyer.
    One week before we planned to file, he now tells me that we don't pass the Means Test for a Chap. 7 and we'll have to go 13. This is after he assured me we fit into a 7 and could file by the end of the month. Our state median goes down starting Nov. 1

    Today he says we have $245 monthly disposable income. I told him that when I used the Legal Consumer Means Test Calculator it does say we fail the means test, but when I enter amount of total non-priority unsecured debt, it reads "You Pass the Means Test.
    Because the amount on Line 51 is less than the amount on Line 54, the presumption of abuse does not arise. You can file for Chapter 7 or Chapter 13 Bankruptcy"

    Why isn't he looking at that, and is there anything I can do to convince him to file a 7? He hasn't even started Schedules I and J that I know of - I don't know if that would help or not. I think he's just being lazy and doesn't want to stick up for me to the Trustee.

    Thank you in advance.

    added info: We are a no asset case and $1,800 over median.
    Last edited by trueblues; 10-22-2009, 01:50 PM. Reason: add'l information
    Tags: None
    #2
    This is a similar issue that I am having. I make over the median income with my 2 jobs and I fail the means test and no lawyer I talk to will handle my case. They act like I am lying when I say that my expenses exceed my income. I am curious as to how to move forward as well.
    Filed Ch 7 11/28/09 | 341 1/7/10 | Last Date for Objections 3/8/10 | Discharged 3/10/10

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      #3
      What type of help are you seeking? We can't call your attorney for you. If his means test has a DMI of $245 and you believe it to be incorrect you need to review his numbers.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

      Comment

        #4
        Originally posted by OhioFiler View Post
        What type of help are you seeking? We can't call your attorney for you. If his means test has a DMI of $245 and you believe it to be incorrect you need to review his numbers.
        Thank you for your input.

        Anyone else? Perhaps someone can help me understand why the lawyer is so quick to push me into a 13 when I fit into Chapter 7 using the Seconday Presumption Determination, as bolded above?

        Helpful advice or an explanation is greatly appreciated.

        Comment

          #5
          Your attorney doesn't think you "fit into Chapter 7". My helpful advice is for you to call your attorney and go over his Means Test to determine the explanation.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment

            #6
            Have you already paid your attorney? I would seek the advice of another attorney before going along with the CH13.
            Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
            "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

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