13 or 7?

[gvp559]

Another question. Just wondering what we are likely looking at here as far what we will probably have to file. I have done means tests and they have said we pass the means test for filing chapter 7. But after reading all the stories here, I don't want to run into an attorney that is not looking out for our best interests. So with this basic info, could anyone give me an idea as to what would be the likely chapter we will file under?

Family of 4, Boise ID (Ada County). Gross income for my wife and I- $5900.00/mo. 1st and second mortgage total $1425.00/mo. Car payments total about $600.00/mo. With figuring in standard living expenses (nothing extravagant) and normal payroll taxes and such (utilities, car insurance, 2 dogs, etc.), will we be more likely steered towards a chpt 13 because we are higher than the median income? I understand if these are questions that are not easily answered, but as you all know, it's comforting to get any info we can from those who have walked this road before us, and I am sure this board is going to play an integral part in helping us through it.

[CATCHMEIFYOUCAN]

Sounds like you have an "honest," attorney, there are attorneys that will try and put their clients into a Ch13, because they make more money from filers in a 13.

There is no such think as pass or fail as far as the Means Test. The Test is simply a formula to see if you have disposable income to be able to pay back the creditors something. I "past," the Means Test (I was negative $60), HOWEVER, my real schedules I & J showed just the opposite, I had $800 disposable income.

Well, I filed Ch13 anyways, even though my lawyer was honest with me from the get go, that IF I quit one job I could actually file for Ch7 and possibly wipe out all my debt. I went for a 13 anyways, I wasn't ready to cut my income in half. I was too worried about recent cash advances I took out due to gambling.

Make a long story short, I had no objections from the creditors while I was in Ch13 only from the Trustee (he wanted the disposable income from schedules I & J - forget about the Means Test (forget the fact that the Means Test proved I had negative disposable income) it didn't mean didley squat. He wanted the full $800! Well it came right down to the line it was best that I quit one job and cut my income for at least a couple months and convert to Ch7 and wipe out my debt instead of paying back a portion of it in Ch13 for the next 5 years.

I think it is much easier to convert from Ch13 to Ch7 than it is the other way around. I was going to pay the lawyer $3000 ($1000 of it could be paid back through Ch13) but when I converted, my lawyer said I didn't owe him anymore.

This is just based on my experience, Best Wishes, Catchmeifyoucan

[lrprn]

Family of 4, Boise ID (Ada County). Gross income for my wife and I- $5900.00/mo. 1st and second mortgage total $1425.00/mo. Car payments total about $600.00/mo. With figuring in standard living expenses (nothing extravagant) and normal payroll taxes and such (utilities, car insurance, 2 dogs, etc.), will we be more likely steered towards a chpt 13 because we are higher than the median income?

Doing the math, your family is making $70,800/yr with the Idaho median income for a family of 4 at $54,185 - http://www.usdoj.gov/ust/eo/bapcpa/2...come_table.htm . That makes you $16,615 above the median, so the chances of you carrying enough debt to qualify you for Ch 7 is small. You are most likely looking at Ch 13 unless your income is going to fall significantly before you file.