qualifying for chapter 7

[georgia]

Hi, Iam new to this board and have done alot of reading here,but I am still not sure about my situation. I have used the NOLO calculator and just pass for a chapter 7. We are well over the medium for AZ , but with our mortgage and 2 car loans we just barely pass.

The problem being I just double checked everything and realized our high car payment will be paid off in about 9 months ( not the required 60 month calculation). This would disqualify us. The car is currently in need of major repairs. The a/c is not working and I am in hot azz AZ. It is a 2002 van.

I guess what Iam asking is would you / could you get a new car prior to filing just to qualify for a chapter 7. (not even sure if we could get financing, we have no history of late payments yet just a very high debt to income ratio.

All of the cards are maxed out and its repairs like this that are making us realize we need out of this vicious cycle.

We were to meet with a lawyer next week now Iam not sure we should scince I realized my mistake in the calculator I cant bare the thought of chapter 13. One more thing we are underwater on mortgage by $135,000. and $45,000.00 debt and $18,000.00 in car loans on a salary 0f $82,600 for a family of 3.


If you have read this far Thank you. I would welcome all opinions , advice, wisdom.

[ecsclb1724]

is it a free consult? Your income is over 20K higher than the median so I'm sure the trustee will be scrutinizing it carefully. Get a good lawyer.

[LJoutWest]

We were over the median about the same and the UST did scruntize us a lot! Advice:

1. Per above get a very good lawyer who has handled filing against motions to dismiss, a possibility in your case. How to find this out? Ask when you call. Ask them how many they have handled and how many have the UST then withdrew their motion to dismiss.

2. Make sure you list out all your legitimate expenses. Show that if the UST tries to move you to a chapter 13 from a chapter 7 you won't qualify for the 13.

3. Be patience, use the board here. You'll have periods of up and downs. The board can help here by giving a listening and emphatic ear.