Need help with attorney

[mac1357]

I just had my first consultation with an attorney. I expected a little more from her. Answers to questions were very vague. She said I might not be able to file because I have a child in private school and my tuition is $375.00 a month. I asked what might happpen and she said I will be denied. I said am I actually the first person filing that has a kid in private school? She said well we can just try and see if the trustee dosn't say anything. SCARY!!! Should I expect more from an attorney?

[NoMoreCards]

Sounds to me like the attorney was truthful to you because it might be tough to get the trustee to accept that kind of expense while filing BK.

But the bottom line is you do not sound comfortable with that attorney, so you should meet with a few others. You must feel comfortable with the attorney you will be working with.

[mac1357]

So what do people with kids in private school do when they file? I can't very well yank her out of school. I will be filing in March, thats 2 months before the school year is over.

[mtbc]

We moved to a different county with a much better public school system and commensurately higher IRS local standards for rent levels. Then we waited a few months before filing. (Probably that's not convenient for you, though.)

[keepmine]

A lot of the responsibility is on you to know what the bk code does and does not allow.
I read the bk code cover to cover prior to my filing and I suggest you do the same.

http://doney.net/bkcode/index.htm

And to help you out on the private school tution question:

http://doney.net/bkcode/11usc0707.htm

(IV) In addition, the debtor's monthly expenses may include the actual expenses for each dependent child less than 18 years of age, not to exceed $1,500 [$1,650] per year per child, to attend a private or public elementary or secondary school if the debtor provides documentation of such expenses and a detailed explanation of why such expenses are reasonable and necessary, and why such expenses are not already accounted for in the National Standards, Local Standards, or Other Necessary Expenses referred to in subclause (I).