Update..Call from Lawyer

[andysmom]

Well....
I just got a call back from our lawyer & he said we're under the median income by $503 and our disposable income shows a slight negative, so I guess this is good news- but with me, I won't believe it til it's done.
He's going to file it a chapter 7 ; I have to stop up tomorrow to pick up a packet of everything I need to get for him and the info on how to do the pre credit counseling.
He was really fast; I just dropped the stuff off he needed yesterday late afternoon & he called about an hour ago. He said not to worry that he wouldn't even consider this a boderline case / he seems to think that there won't be a problem.
I really hope he's right....I'm going to be on pins & needles til this is done.

[sgirl]

Nice. I'm hoping for similarly good news.

[andysmom]

Thanks sgirl!
I wish the very best for you
Trust me, I won't believe it til it's done because in my mind I am convinced we're a 13. Here's hoping my lawyer is right!

[sheilaE]

This is exciting news! I read your previous posts this afternoon and believe me I feel your pain. I'm a worrier and this is eating me up. We meet with a Lawyer is 1 hour. I'm pretty sure we are going to have to file 13. My husband has grabbed as much overtime as he could so we could make ends meet, now that o/t looks like it's going to come back and bite us in the you know what-because it looks like he has a high income, when in fact he doesn't and to top it off-all the overtime has dried up and no one is getting any more.
I hope the attorney can tell us something today (7 or 13) I just want to know-I hate the waiting
Best of luck to you

[Amadan]

SheilaE I am in the same boat on OT. In trying to keep afloat I busted my you-know-what for the last 6 months to try and be a good little citizen. Now that we finally admit defeat, we are told we make too much money! No matter that ALL the extra money went to the credit cards. Well, my work has pretty much stopped overtime altogether, so how can i make payments based on income that doesnt exist?

[sheilaE]

We went and the news was what I was expecting, but not wanting to hear. My husband made too much to qualify for the 7 and it looks like it's going to be a 13. Another thing that was upsetting was he said our re-payment over 5 years for $80,000.00 worth of cc debt would be about 1300.00 a month! We want to hold onto our home, so we'll be paying for our home and a 2nd (if they can't dismiss our 2nd) and life insurance, utilities, food, clothing for 3 kids, school lunches, phones, cable with absolutely nothing left over. I'm not sure we'll be able to make it. Not happy

[momofthree]

We went and the news was what I was expecting, but not wanting to hear. My husband made too much to qualify for the 7 and it looks like it's going to be a 13. Another thing that was upsetting was he said our re-payment over 5 years for $80,000.00 worth of cc debt would be about 1300.00 a month! We want to hold onto our home, so we'll be paying for our home and a 2nd (if they can't dismiss our 2nd) and life insurance, utilities, food, clothing for 3 kids, school lunches, phones, cable with absolutely nothing left over. I'm not sure we'll be able to make it. Not happy

Can you wait 6 months until all the overtime drops off and then attempt a chapter 7? Or would he still make too much?

[andysmom]

Unfotunately my "good news" didn't last long- just found out 1 of my husban'd gain share checks wasn't included in the calculation. Not the lawyers fault, our fault.
We're now over the median by about $400.
Now we have to wait for the means test to be done. He said not to worry & he'll get the test done ASAP.
I can already see what this journey is going to be like & I am so sick over this.

Besides being sick to death over this, any advice for what to say to the collectors for the credit card companies who are now calling non stop & this is our first month we're ever missing. Most are only a few days to maybe 2 weeks late at this point. Our lawyer said to ignore them because we/he anticipated filing right away- but now who knows.
I haven't answered the phone when they call because I don't know to say or what I could say.
Thanks again for your support & wisdom.

[andysmom]

sheliaE,
I know exactly what you're going through too. The only reason we're in here too is from overtime and quarterly gainshare checks. My husband too took as much ot as he could and his boss was let go in dec so he has been covering & working tons of ot. Plus their company did well so they got a gain share check every quarter last year & will get one in April too (first time ever that this happened....). Each of those checks was gross almost $1000; so $2000 in our income is gain share that's not guaranteed and tons of overtime. Without overtime we'd probably be about $15,000-$20,000 under- but there's always ot (some mandatory / some not) for his position.
So what now?
All we can do is bite our nails & wait to see what the payment would be.

[sgirl]

Unfotunately my "good news" didn't last long- just found out 1 of my husban'd gain share checks wasn't included in the calculation. Not the lawyers fault, our fault.
We're now over the median by about $400.
Now we have to wait for the means test to be done. He said not to worry & he'll get the test done ASAP.
I can already see what this journey is going to be like & I am so sick over this.

Besides being sick to death over this, any advice for what to say to the collectors for the credit card companies who are now calling non stop & this is our first month we're ever missing. Most are only a few days to maybe 2 weeks late at this point. Our lawyer said to ignore them because we/he anticipated filing right away- but now who knows.
I haven't answered the phone when they call because I don't know to say or what I could say.
Thanks again for your support & wisdom.

If you've retained the attorney, you can just tell them to call your attorney.

[Coldplay]

If you've retained the attorney, you can just tell them to call your attorney.

That's what we do. We give them the name and number of our attorney and tell them we're filing Chapter 7. They'll stop calling.

[Amadan]

At this point we are just living with the ringer off, periodically checking caller ID to see if we need to return a call. After retaining the lawyer I tried to talk to a few of them but one said they wouldnt call our lawyer unless we had a case number and that they would just keep calling until we paid. They also kept pushing me for information, so I just wont answer until we file.
We havent paid in almost three months now, and the phone rings about every 15mins.