My current attorney tells me that I'm very close to a chapter 7 but would rather do a chapter 13. So, after being on the forum for a few days and doing lots of reading, I make several appointments with other attorneys.
Yesterday afternoon, I met with an attorney and gave him my means test along with all my schedules that the current lawyer gave me. He uses the same software the current attorney uses and said that while we don't pass the income test, our other expenses could be explained. He says that he hates doing chapter 13 because he says that the success rate almost makes the plan a failure to the debtors (in his eyes). He said that if anything we will get questioned on the entertainment but since my daycare is going to be close to $1,000 a month, and our mortgage is so dang high, he doesn't see the trustees huffing and puffing too much about it. He said if worse comes to worse after he plays with the numbers, we wait 2 months to file.
And, our current attorney told us not to do anything on the summons we received from citicard. Well, this attorney told me he would contact the law firm and tell them we're about a week away from filing a chapter 7 and since he knows the attorney, he doesn't think it should be a problem to stop him from getting an default judgement because based on when I was served and what he knows of this attorney, he doesn't think the attorney's office has gone to the courthouse yet. And, even if he did, they have a good enough relationship where he can talk the attorney out of it.
So, all in all I feel more comfortable knowing that I trusted my instincts. He said he would get back to me by middle of next week on when we can come down and sign the paperwork and pay him to file the 7.
Oh and he said that to pray that I don't get the woman trustee because apparently she's very very hard to work with. But I asked him several times if he saw any issues at all with us filing a chapter 7. He said that the numbers look okay and nothing was glaring at him as to expenses except for the food, which I could explain with medical notes, rx from pharmacy, etc and the entertainment. But he said with an active family of 5 he's seen that number be higher and the trustee didn't question. He also said, "so what if the trustee questioned those expenses? We have an explanation for it and he would go to bat for us."
All in all, I feel better. So how do I go about firing the first attorney?
Yesterday afternoon, I met with an attorney and gave him my means test along with all my schedules that the current lawyer gave me. He uses the same software the current attorney uses and said that while we don't pass the income test, our other expenses could be explained. He says that he hates doing chapter 13 because he says that the success rate almost makes the plan a failure to the debtors (in his eyes). He said that if anything we will get questioned on the entertainment but since my daycare is going to be close to $1,000 a month, and our mortgage is so dang high, he doesn't see the trustees huffing and puffing too much about it. He said if worse comes to worse after he plays with the numbers, we wait 2 months to file.
And, our current attorney told us not to do anything on the summons we received from citicard. Well, this attorney told me he would contact the law firm and tell them we're about a week away from filing a chapter 7 and since he knows the attorney, he doesn't think it should be a problem to stop him from getting an default judgement because based on when I was served and what he knows of this attorney, he doesn't think the attorney's office has gone to the courthouse yet. And, even if he did, they have a good enough relationship where he can talk the attorney out of it.
So, all in all I feel more comfortable knowing that I trusted my instincts. He said he would get back to me by middle of next week on when we can come down and sign the paperwork and pay him to file the 7.
Oh and he said that to pray that I don't get the woman trustee because apparently she's very very hard to work with. But I asked him several times if he saw any issues at all with us filing a chapter 7. He said that the numbers look okay and nothing was glaring at him as to expenses except for the food, which I could explain with medical notes, rx from pharmacy, etc and the entertainment. But he said with an active family of 5 he's seen that number be higher and the trustee didn't question. He also said, "so what if the trustee questioned those expenses? We have an explanation for it and he would go to bat for us."
All in all, I feel better. So how do I go about firing the first attorney?
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