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    First Consultation with attorney

    Hi,

    I am a little nervous. Meeting with an attorney tomorrow to discuss possible Bk, Ch 7. When my husband and I met with a different attorney about 18 months ago, he said because of my income (when I worked full-time) would be Ch 13 at 100%, so we went debt counseling instead. Anyway, at that time I had run some numbers on the Nolo means test calculator, which showed we passed because of our debt. Now, our income is lower starting last month (as I went part-time as I'm in grad school full-time), and when I average out 4 or 5 months with the higher income, with our debt we pass the means test. With my new income 6 months out - we pass means on income alone.

    Anyway - if this new attorney "blows off" and doesn't even discuss Ch 7, can we insist he look at the nolo calculations we did online or at least have him do full means test?

    The reason we are filing is we have a 2nd home in another part of the state that we are losing on and it will probably go into foreclosure at some point and we want protected.

    Our monthly income now (including VA disability) is $5212, without VA income it is $4148 approximately the means income for Indiana is $4,190. Our total unsecured debt when we signed up with credit counseling Oct/Nov 2009 was $48,730. It probably is not much less than that now (haven't figured it yet) - we pay them $435 every other week along with other debts that were not included with debt counseling.

    I am just so nervous about doing this, although I am starting to feel a sense of relief and hope for future. We are both 53 and while my husband has his retirement all in place, I have never been able to save for retirement, etc. It is so scary.

    #2
    The nerves are so normal, you're in good company!

    You absolutely have the right, and for yourself, the obligation to make sure that whatever attorney you choose considers BOTH chapters and helps you determine which is right for you and is able to give you a good explanation as to his opinion. Also, if you don't feel comfortable with tomorrow's attorney in any way, it would benefit you to consult with as many as it takes until you are both comfortable with the representation.

    Good luck tomorrow, and be sure you let us all know how it goes.
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #3
      Thank you. I am feeling a little sad about filing, and also some relief. I read some of my posts from Sept/Oct 2009 when I found this board and talked about filing Ch 13. We chose to go with credit counseling - I wonder now if we made the correct decision on going that route. It really gave our Fico score a hit, but so will the BK. It seems like reading some of the posts here FICO scores increase to a pretty decent level after 12-18 months - ours is creeping up point by point per month even though we have not missed any payments since being on their plan. We did skip one month in Oct 2009 when we signed up with them.

      Oh well, lesson learned I guess.

      Thanks again for your support!

      Comment

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