Can they tell me "no"?

[BillyRip]

Is it possible to be told flat out "no" on BK? I know that they can force me to a 13, but is there anything that could cause them to say no to both? I am upside down about $15K on a condo that I have had for about 5 years (paid $150K, it MIGHT sell for $120K, owe $135K), $10K upside down on an '06 Mustang that might make the 910 days, but not 100% sure. I have maybe $30K equity in a rental townhouse. Guessing about $80K in cc debt. I'm sure it's gone up with "legal fees" and other costs. I gross $65K a year.

I really have no idea how things got so out of control, but there's no way I can stay afloat. The judgments are going to start rolling in. I feel like a criminal.

Atty's office snagged $1200 from my accts last Friday w/o warning. they did receive a judgment and I did know that, so I guess it wasn't completely w/o warning.

[kornellred]

Filing for bankruptcy is your right, by law. No one is going to refuse you - not an attorney, not a trustee, not a bankruptcy judge.
An attorney can refuse to accept your case.
A trustee can and will file objections if anything is out of order with your case.
A bankruptcy judge can dismiss your case but only for valid reasons.

You will not be permitted to file for Chapter 7 if you qualify for Chapter 13.

[LeighRyan]

I too worried about being refused, I went to 341 meeting all redy with my story about how I ha gotten into debt so badly, they never even asked. Your attorney would have not tken your case this far is they though it would not fly, probably the worst that could happen is that they would modify the terms, that is what they did to me, no biggie, would you like to include your story to a book I am writing about my experience with a bk? It helps to read other people's story, and I like to think those of us who have gone thru this battle would have a lot to share with those coming up behind us, and they are legion.

[BillyRip]

Thank you Leigh! That puts me at ease a bit.

I will DEFINITELY keep your book in mind as I start this journey. I will keep noted or a journal too.

It's been a rough few years emotionally and I let vices get the best of me.

[BillyRip]

Filing for bankruptcy is your right, by law. No one is going to refuse you - not an attorney, not a trustee, not a bankruptcy judge.
An attorney can refuse to accept your case.
A trustee can and will file objections if anything is out of order with your case.
A bankruptcy judge can dismiss your case but only for valid reasons.

You will not be permitted to file for Chapter 7 if you qualify for Chapter 13.

Thanks Kornell. I really think I'm going to get a 60% plan on a 13.

It has to be better than what's going on now. I'm not looking to hide, I'm just looking to get my finances in order.

[Flamingo]

Is it possible to be told flat out "no" on BK? I know that they can force me to a 13, but is there anything that could cause them to say no to both? I am upside down about $15K on a condo that I have had for about 5 years (paid $150K, it MIGHT sell for $120K, owe $135K), $10K upside down on an '06 Mustang that might make the 910 days, but not 100% sure. I have maybe $30K equity in a rental townhouse. Guessing about $80K in cc debt. I'm sure it's gone up with "legal fees" and other costs. I gross $65K a year.

I really have no idea how things got so out of control, but there's no way I can stay afloat. The judgments are going to start rolling in. I feel like a criminal.

Atty's office snagged $1200 from my accts last Friday w/o warning. they did receive a judgment and I did know that, so I guess it wasn't completely w/o warning.

First you are not a criminal, secondly in order to file a Chapter 7 or a Chapter 13 you have to qualify to be able to do one or the other (if you are not insolvent, you cannot file bankruptcy) and, lastly, the reason things got so out of control is that you will eventually realize you were just living beyond your means and it came to the point of reality.

[keepmine]

if you are not insolvent, you cannot file bankruptcy

Not sure what you mean here but, I'll point out that many file bk and protect equity in their homes and cars. Plus, ERISA qualified retirement accounts are exempt assets. You can have assets and file bk.

[BillyRip]

First you are not a criminal, secondly in order to file a Chapter 7 or a Chapter 13 you have to qualify to be able to do one or the other (if you are not insolvent, you cannot file bankruptcy) and, lastly, the reason things got so out of control is that you will eventually realize you were just living beyond your means and it came to the point of reality.

Thank Flamingo... I guess I forget that the Trustee and Judge have to approve my plan and agree that I qualify.

Definitely beyond my means for about 4 years.