How often does a chapter 7 turn into a chapter 13?

[merime]

Ok, I passed the means test in NC. Did not under play any of my figures. I have gained a lot of knowledge on this site and learned that fear is my worse enemy, and ignorance is not bliss. My attorney said I passed the means and to stop by to get a "bankrupcy worksheet" , and pay the $500 retainer. I am wondering what happens if its not that easy. I have a feeling that it will turn into a chapter 13 because I am still legally married. Has anyone any insight on how often people pass means test for chapter 7 , only to be turned down? Do lawyers do that so that you feel "invested" after paying the retainer. In all the small print it says , if they spend more time on your case the fee can go up accordingly. Just would like to hear if anyone has had this happen to them, and why it did. Thanks everyone!!

[HHM]

There really is no way to answer your question. Given what you are paying for your attorney, I would be concerned.

As for the issue of being married...it is not the fact that you are married that is the issue, it is the household size that matters. If you and your spouse are not living together, then her income is moot because the 2 of you are maintaining separate households.

Generally, you will know before your case is ever filled if it is borderline. It is rare for cases that have been filed to be converted to chapter 13, that only happens to idiot pro se filers, to good attorneys trying to push a borderline case but where the clients decide not to fight, and to those with merely adequate representation where the attorney views BK as merely filing out forms and the most dangerous thing in that scenario is that the client is hurt by what the attorney doesn't know.

In general, the risk to a client in BK is directly correlated to the fee paid to the attorney. The lower the fee, the higher the risk.

[merime]

Am I paying too much or too little? What concerns me is the attorney required all my soon to be ex spouses information. I guess household size may be reason attorney said its possible. I just after giving it a ton of thought dont see how a chapter 7 is possible. The first time I spoke with the attorney , he said he would be honestly surprised if I qualified. By law I am still married. Both incomes together are over $90,000. My spouse has retirement funds, bank accounts and 2 cars in his name ( I was paying the loan on one car, until I moved out) and not one single debt in his name. The cars are nice- 2009 chevy malibu/2010 mazda 6. I know you file exemptions , but I still don't see my attorneys 360 on passing means test. He also took his time initially when I was racing to avoid going to court. Once the court date passed , he seemed all to eager-saying hurry its his busy season. Maybe I am just over thinking it all. Thanks for the advice.

[tcreegan]

Hi merime,

The wisdom of the forum is to shop around for attorneys. Here are some points to discuss:

Communication: phone/email/face-to-face, secretary/paralegal/attorney, turnaround time on responses
Organizaton/work ethic: dot all i's, cross all t's or 'good enough,' document filed ASAP or 'before the deadline'
Competence: know the local trustees, judges, filed cases like yours, up-to-date on relevant court rulings
Retainer/Fee: exactly what is covered, what is extra, what to expect as 'extra'

Schedule several consultations, find someone you feel confident and comfortable with.

Hope you can find a good fit for you!

Tom in Colo