Called attorney

[leftyf]

Finally called attorney today and scheduled appointment. Talked to paralegal who seemed to conclude that I will have to file a chapter 13. I make $78K and she claims the median is $68K (which I think is the wrong number for family of 5 in OH?) She said it will be fine because I only have to pay back what my cars are worth right now and since I make plenty of money I should have no problem making the payments...she only asked me if I had a boat, a four-wheeler. and a few other things, like a jet-ski. Stuff I have never had and never wanted. I don't know about this...we'll see, I guess. I don't see how I'll have no problem when I don't have any money left over now? If I had no problem, I wouldn't be in debt now.
Seriously considering finding a lower paying job so I can file for a 7 in 6 months or so...I've been at the same company for quite some time. Anyone think that is shortsighted of me or actually a smart idea?
Lefty

[CATCHMEIFYOUCAN]

Well I was working 2 full time jobs, and had to be in Ch13. My lawyer suggested I could quit one job and file for Ch7. But because I had heavy cash advances on most of my unsecured debt, I didn't want to risk objections, what not. Eventually it came down to quitting one job and being able to convert to Ch7. I got lucky and have been discharged since Jan 07. Still waiting for my case to actually CLOSE.

Best of Luck, CMIYC

[SinkingFast]

Actually, the paralegal gave you the right number for the wrong family size.

In Ohio, the Median for a family of 4 is $68,890/yr. You get to add $6300 for each additional person, making the Median for a family of 5 - $75,190/yr in Ohio.

http://www.usdoj.gov/ust/eo/bapcpa/2...anstesting.htm

I wouldn't cancel the Consult appt just because the paralegal doesn't know her stuff. Wait and see what the attny has to say. Then decide.

Go here:

http://www.legalconsumer.com/means-t...ator/index.php

And run the Means Test calculator. See how you come out.

If you have a mortgage, that can help. Also, depending on how long you've had your cars, how much longer you have to pay on your loans on them, you might actually eek thru on Secured Debt.

If you're at the start of a 5-6 year car loan, you'll get most to all of your monthly payment allowed in the Means Test. The longer you've had your loans, the less and less you're allowed. Secured Loans are amortized forward 60 months. The longest term for Ch 13.

[phoenix44212]

FAMILY SIZE (from US Trustee site)
STATE 1 EARNER 2 PEOPLE 3 PEOPLE 4 PEOPLE *
Ohio $39,746 $47,874 $58,475 $68,890

* For cases filed on or after April 1, 2007, add $6,900 for each individual in excess of 4.

5 people = $75,790

Have you tried http://www.legalconsumer.com/bankrup...eans-test.php?

[phoenix44212]

Lol

[leftyf]

What is the lol for? I'm not offended, just curious?

[phoenix44212]

Sorry, I thought it was funny that sinkingfast and I posted the same info at the same time. Odd sense of humor, that's all.

[leftyf]

oh yeah, I just noticed that. Thanks for the help.

[leftyf]

Looks like I pass the means test if I count the childcare I am paying while my spouse attends school...am I allowed to count that? I have only been paying it for the last few months and was only planning to pay it for 4 months or so. Of course, I can have my wife continue to take day classes until I can file a 7, but I don't know if that will satisfy the trustee. Any opinions or experience with this one? If I don't file the 7, looks like they would want $800.00 or so per month...yeah, right.