I just don't have the energy anymore.

[olivies]

First met with an attorney in Oct 2008. Started filing Jan 2009. By the time we hounded them enough they finally got filed June 2010, with a Ch13. We were misled and misinformed- told our 13 payment would go down depending on how many creditors make claims. Couldn't get our attorney to communicate or do anything for us for a modification, so we let that plan get dismissed in April 2010 so we could refile as a 7 in June 2010 with a different attorney. Of course, we are over the median so the UST is in our case. I get an email from the attorney's office yesterday with a blank means test form, the original we filed with the 7, and the amended we did for the 7 (paralegal made a couple errors). They want us to redo it - a third time- to make sure nothing has been forgotten.

The attorney said he's talked to the UST and our case is still salvageable, he wants us to redo our numbers and make sure everything is ok on the means test. Then meet with us again. He also said the UST told him she's sympathetic towards our situation and offered some suggestions on what we can do additionally on the means test form. Some of her arguments are just "wrong"- like how we should be witholding less for taxes. Her calculation puts us below last year's witholding and we ended up owing last year. This year I lose my son as a dependent because he'll make too much with his part time job. So sure I can drop my witholding $350 a month, but I'll just end up owing on the back end of the year- I have proof of that. The rent is another issue- a family of 8 can not find a rent for $1000 a month here, which is the allotted amount for a family of 5+ (yeah, we have 50% more people than a family of 5, but that doesn't matter I guess). That rate gets you a 3BR apartment- not a condo, townhouse, or house. No apartment complex will rent a 3BR apartment to a family of 8. They have guidelines about how many people per bedroom. The attorney says our particular judge is the type of judge to say that the amount is ridiculous and allow our actual rent. Great. Then why am I redoing the means test, again, to try to cover that difference?

I just don't have the energy. Really- I provided the means test info. 2x now. I'm just drained from trying to get this done. I don't have the energy to fight it anymore. My numbers aren't going to change. I don't think there is something I am forgetting. My numbers worked. But now I'm looking to make someone else's numbers work I guess. I just want to get this over with. There are so many other things going on in our lives right now that are far more important- things with the kids and family- that need our attention. Things that really matter in the grand scheme.

Please tell me I'm not the only one out there who feels completely steamrolled by the whole process.

[justbroke]

Sometimes the fight for a Chapter 7 is worth it. I was willing to fight and stay up. The fact that the UST is "working" with your attorney and is trying to help you save your case... speaks a lot for the Office of the United States Trustee (OUST). Just keep up the fight and you will probably have to go before a judge and prove your expenses.

This is actually, quite NORMAL for an over-the-median Chapter 7 (consumer) case.

[tobee43]

i'm so sorry you are going through all this....

i really do feel your pain. we had an EXCELLENT atty...but i had to redo things at least 4 times before it was correct....or let me reword that...submitted the way I wanted it submitted.

first... i would ask that your atty argue the rent amount....(we had an atty here in florida that argue many things on our means test and won)....it's not possible to house a family of 5 for 1k...and i'm out in the STICKS in fl. also.....have the atty argue the taxes...if you end up owning because of the trustee's miscalculations then you have to put that amount BACK ON the means test...an oxy moron move. have your atty argue it....

i know your tired...and exhausted to the point you think this will never end. i promise you, it will....just get some most likely good needed rest....and stop for a day or two and then rebuilt the "fight" in and go for the throat!


2ndly....even though your son made money you can still claim him as an dependent. both my kids worked and had investments...and while they filed their own returns they still lived under OUR roof and therefore we claimed as exemptions. so...you can still claim your son. (providing he's still living with you).

feel better...it will ALL work out!

[backtoschool]

I had to fight for over a year and a half to get a chapter 7, and ended up becoming unemployed and moving to a different state in order to get one. A chapter 7 allows you to truly move on with your life, so its worth the effort in my opinion. Numbers can be massaged. Post your expense schedule here and let us help.

[tobee43]

I had to fight for over a year and a half to get a chapter 7, and ended up becoming unemployed and moving to a different state in order to get one. A chapter 7 allows you to truly move on with your life, so its worth the effort in my opinion. Numbers can be massaged. Post your expense schedule here and let us help.

exact story for us. we did what we had to do, to get it done.

i know people don't like this when i say it...but chapter 13's are for those that have secured employment and can commit to the next 3-5 years...to me it's like holding one by the throat and tugging...every move is watched...or at least that is the way i would feel. i couldn't live like that.

it's not only that some of us just cannot get jobs anymore. we are too experienced made too much money and no one will hire us since most the ones doing the actual hiring, we have 20 years plus experience on them! they want us NO where around them.

one person, who's in a chapter 13, even has stated it helped them learn about financial responsibility and how to budget and manage their money...i say GREAT for you...but we personally NEVER, EVER mismanaged our money...and like backtoschool...job loss...and also with us illness was behind our reasons for doing what we had to do.

[onthefence]

I don't have much else to add except hang in there! I think we all have days that are better or worse than others. Thank heavens for this forum, I know it has been a HUGE source of information and support for me!!

[ccsjoe]

If the UST is really working with your attorney and trying to help you ,then draw energy from that. It'll be worth it in the end to have all of this done and over with, You've invested too much into it already. The alternative is not worth it for your effort.

[billycool]

I went through much the same thing. Hang in there, seriously. It's worth it.

[JRScott]

Hang in there, over the years I've seen a lot of folks have to fight tooth and nail for their chapter 7s, don't give up. Judges can use totality of circumstances against the Trustee too, such as the rent issue for a family of 8. Massage the numbers if you can like a little extra food or something. Don't give up!

[Pandora]

as the others have said - hang in there - it'll get better.

[tobee43]

yes tiger...you can do this!!! if we can...anyone can! i swear i thought there was no way through it...and there wasn't...so...

we just went AROUND it!

[tcreegan]

Hang in there olivies!!

The IRS numbers for rent in FL are odd...

Go from 1 to 2; add $130
Go from 2 to 3; add $47
Go from 3 to 4; add $108
Go from 4 to 5; add $16

How about taking the 5 person rent divided by 5 and mulitplied by 8...1000/5 = 200 200 x 8 = 1600

Not sure that ANY of this is useful, but I wanted to add on to the chorus of support for you!!!

Tom in Colo

[nc73]

I could never do a chapter 13. I don't know how people do it..

[tobee43]

I could never do a chapter 13. I don't know how people do it..

me either nc...but you talk to many of them and they are quite content with their situation.

i think that it depends on many aspects and on one's personal situation.

you'll make it thru this!