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Able to apply for 7 but told I may be forced to a 13

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    Able to apply for 7 but told I may be forced to a 13

    Met with an attorney for the first time today. 60,000 in unsecured credit. Easily met the means test family of 4 with showing 30,000 of income for last 6 months but the past 10 weeks of paychecks have shown really good income since I get paid milage and this is the busy time of year for freight. Sooo, he says there's a 50/50 chance the trustee will put me in a 13 if it looks like I'm make more money and although it may appear like that the fall and winter are not so kind to me . Scared and worried in NY

    #2
    If the Trustee tries to force you into a Chapter 13, then your attorney needs to fight for you and try to stop the Trustee by showing that there simply is nothing left over to fund a 13. And if your attorney won't fight for you, then it's time to find one that will.

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      #3
      talk to some other attorneys; sounds like this attorney only wants to keep things "simple".

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        #4
        Originally posted by HHM View Post
        talk to some other attorneys; sounds like this attorney only wants to keep things "simple".
        Thank you! I couldn't agree more!

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          #5
          You will find many here who were told "ch13 only" by several attys, but by looking further were able to find an atty willing to actually do work and file a ch7. Many are form fillers only interested in the easy money, but there are ones out there who actually practice law.
          1/15/10 Filed ch7 2/18/10 314 meeting
          2/22/10 Report of No Distribution
          4/20/10 Discharged 5/20/10 Closed!

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