So Confused! Do we qualify or don't we? Who do you believe?!?

[jgcortese]

Ok, feel like the card house is coming down. 3 laywer consults later we've gotten 3 different opinions on if we qualify for 7 or 13. Left 1st attny because advice was not ethical, since then got 2 more consults. 2nd attny said no problem was going to get us our chapter 7 (gonna charge us for it ($1900) but didn't see a problem getting it for us. I've learned from all of you a good lawyer is worth their weight in gold! Met with 3rd lawyer today who said we are a classic 13. When I interjected with all the items I've learned from this fourm she told me to let her ask the questions...she's been doing this for 5 years!

Bottom line said we are about $800 over means test (we live in MI) and won't qualify because the law dictates so.

She was all over the place quoting what our payment would be in a 13 worst case but said it should be less because she isn't factoring all the deductions we can take.

Question is...do we go with the lawyer who says, no problem with the 7...he'll make it happen or are we a 13 regardless because of our means test. (she said schedule I/J don't matter if we are over the means test income for family of 4).

Who the heck do you believe!?!?

[despritfreya]

Go back to the 7 lawyer and ask him/her just exactly how you are qualified. Maybe he/she sees something the 13 lawyer does not. Remember, the 13 costs more therefore the lawyer has a vested interest in you doing that type of bk. Also, if you try a 7 and it turns out you don't qualify you can always opt to go to the 13.

Des.

[momofthree]

You could also seek out yet another opinion. Take a copy of your means test (legalconsumer.com has a great one that auto fills the IRS standards for you), and a copy of your income and budget with you.

Are you $800 annually over the means test or $800/mo over the means test?

[free2breathe]

Go back to the 7 lawyer and ask him/her just exactly how you are qualified. Maybe he/she sees something the 13 lawyer does not. Remember, the 13 costs more therefore the lawyer has a vested interest in you doing that type of bk. Also, if you try a 7 and it turns out you don't qualify you can always opt to go to the 13.

Des.

Des' advice is always rock solid.

[jetsfan2010]

if you are 800 a month over on your means test, I dont know how you could qualify personally

[steve24151]

We are in the same boat! We are $1K over and have a chapter 7 lawyer giuding us to make changes to qualify. We where under withheld on taxes and will get a new car to increase expenses to pass. I hope this works!
Steve

[outsidetool]

I had several attys tell me I could only file a 13, and only 1 that said he was "pretty sure" he could get me through a 7. I so hated the idea of being under the
thumb of the "plan" for 5 years that I went for the 7. There were ups and downs...and came close to being converted to a 13. In the end I got the 7 and
life is wonderful!.
Go for the 7. Check out the lawyer. you want someone that's aggressive, and actually sounds like they're not afraid to push things.
I looked at the court dockets and found that my atty was in actually arguing motions/cases more than anyone else in the state...knew then
he was my man.

[keepmine]

if you are 800 a month over on your means test, I dont know how you could qualify personally

Many over median filers have large mortgage payments and utility bills that are above the IRS standards. The bk code allows you to use actual expenses in those 2 categories. Plus, we don't know if the OP has a history of tithing-if so, up to 15% of his income can be used for that purpose.
BK is like a lot of thins in life. There are no absolutes.

[lichteda]

I just spent 2 1/2 years in 13 hell... Paid all creditors 100% expect the mortgage bank. They have this inflated unsecured claim of $200k. Then a month ago the trustee files a motion for verification of income... seems she thinks there was a mistake made at the begining of the plan (I had a motion to excuse 2010 taxes). Converted to a 7 same day... look's like I qualified from the very start!!!

341 hearing in two weeks. I'm sure the bank will object... just don't know what their claim will be...

[jeep75]

Met with 3rd lawyer today who said we are a classic 13. When I interjected with all the items I've learned from this fourm she told me to let her ask the questions...she's been doing this for 5 years!

5 years is not a long time, I've seen plenty with 20+ years experience and the "Let me ask the questions" bit is absurd. The only one who knows your situation is you, you can be 100% dedicated to your case, no lawyer can. Exclude the 3rd lawyer off the bat.

$1900 is about average at least in my area.

A lot of lawyers try to push people into a 13 because they make more.

Also are you sure she said you failed the means test by 800/mo or did she give you the "You are $800 over median (per year) so it's a chapter 13" speech. $800 over median is not a lot.

[sunshinepa]

Go back to the CH 7 attorney. Ask him how he's going to get you in the CH 7.

I would go for the CH 7, worse case, it's turns into a 13 but if the attorney is good, that most likely wont' happen. The one you consulted must believe he can pull it off or would be suggesting the 13. Go for it.