While I am no lawyer, I agree with what others have said.
If i were in your shoes and if it is humanly possible to simply withdraw your case at this time and attempt to refile at a later time after you can afford a new, MUCH better attorney, I think that would be your best option. This would be were the nolo book might help (or just ask around here for how you can file to withdraw, or google it). Taking the time to try and detangle this and the money seems like it's not an option for you now, based on what you wrote.
What is the scope of your situation if I may ask? Are you in danger of losing your home, or have a pending judgment of some kind against you? If the answer is no on both counts, the chances are withdrawing now and refiling later may be best. A lot of people on here are saying you likely don't qualify for a CH 7, but don't let your income alone scare you out of one. It's all about how your expenses shake out and exactly what is allowed as an expense in your jurisdiction, which can greatly vary, even from trustee to trustee. This is where a great lawyer really earns their weight in gold; knowing what qualifies and helping you figure out what, out of all your ongoing expenses, qualify as a valid expense, especially in those cases where your costs have exceeded the IRS standards (and thus must count).
There are people on this forum who are well over on the means test by 20-30K plus that still managed to swing a CH 7. That's not to say you can...it's just to say you need to take some time and find a really good attorney FIRST and then regroup. Try and stack some cash over the next few months so you can afford one. Then, start combing for an attorney. Take advantage of the free consultations, as many as it takes to explain your situation and find a lawyer who will really listen and figure what they can qualify you for, and from there move forward.
If i were in your shoes and if it is humanly possible to simply withdraw your case at this time and attempt to refile at a later time after you can afford a new, MUCH better attorney, I think that would be your best option. This would be were the nolo book might help (or just ask around here for how you can file to withdraw, or google it). Taking the time to try and detangle this and the money seems like it's not an option for you now, based on what you wrote.
What is the scope of your situation if I may ask? Are you in danger of losing your home, or have a pending judgment of some kind against you? If the answer is no on both counts, the chances are withdrawing now and refiling later may be best. A lot of people on here are saying you likely don't qualify for a CH 7, but don't let your income alone scare you out of one. It's all about how your expenses shake out and exactly what is allowed as an expense in your jurisdiction, which can greatly vary, even from trustee to trustee. This is where a great lawyer really earns their weight in gold; knowing what qualifies and helping you figure out what, out of all your ongoing expenses, qualify as a valid expense, especially in those cases where your costs have exceeded the IRS standards (and thus must count).
There are people on this forum who are well over on the means test by 20-30K plus that still managed to swing a CH 7. That's not to say you can...it's just to say you need to take some time and find a really good attorney FIRST and then regroup. Try and stack some cash over the next few months so you can afford one. Then, start combing for an attorney. Take advantage of the free consultations, as many as it takes to explain your situation and find a lawyer who will really listen and figure what they can qualify you for, and from there move forward.
discharged: 2/22/11
I am soooo totally not a lawyer, but i wish i had married one! Does that count for anything?
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