I'm going to scream!!!

[frustrated7]

I think I have a curse hanging over my head. Every time I think things will work out, everything just goes wrong again. We met with the attorney THIS MORNING and were told we would be a no-asset Chapter 7 case. We paid the entire amount, including filing fee, and were told to come in any time after Monday to sign. I got a phone call from the attorney who left a voice message at 4:45pm saying that he had made a mistake in our income and that we do not pass the means test and will have to file a Chapter 13. What I really don't get is that according to the online means test calculator, we pass the means test with a significant negative each month. So why can't we use IRS standards to determine living expenses in this area? It makes no sense to me. He isn't the first attorney to tell us this either. I feel like screaming at the top of my lungs and punching something and crying and running away to Mexico. I don't know how we can manage a Chapter 13. Our income is way too sporadic, with my husband sometimes getting overtime (which is what pushes us over the limit) and other times getting laid off for days or weeks at a time. How could we possibly make ends meet living with having to pay a fortune to the court each month for five years? What are we going to do about the roof of our house, which has pieces literally laying in our backyard, since we won't be able to save the money to fix it? How are we going to be able to save for our property taxes, due this summer? I'm really starting to think I am cursed; it is just constantly one thing right after another.

[cityish]

I am so sorry to hear this is happening to you. I wish I had some words of advice but all I can think of is to take this one step at a time.

It sucks that you apparently don't meet the means test!

I am sort of backed into a corner too. I'm not able to file Ch. 7 right now because I had one less than eight years ago. I got into trouble again because of my house needing lots of repairs in addition to personal medical bills. Ultimately I was forced to walk away from the house as well as my credit card debt (which was mostly run up on trying to save the house).

In the meantime I'm being held hostage financially by a house in foreclosure and credit card default. I can't even begin to start over again until the foreclosure goes through. I'm trying to keep up with my ongoing medical expenses and save up for an attorney, but I'm basically living paycheck to paycheck. I hope that if and when I get sued, hopefully at that point I will be able to afford a lawyer and possibly do a Ch. 13 before my wages get garnished. I really don't want to do a 13 but I guess it will depend on what particular situation I'm in at a particular point in time.

I agree these new BK laws are a big mess! Hang in there. Maybe some other people here will have better advice than mine. For your sake I hope so.

[AngelinaCatHub]

Frustrated: Understand this, and in no way am I casting aspersions, a bk7 is about $1500 here in Florida, a 13 about $3500. Make his mistake be proven. INSIST on the 7 as in front of your 341 Trustee or a Judge, you may be able to explain your erratic income. P.S. I don’t like lawyers for most. ‘Hub

[floridian]

when does a person find out from the trustee that they are being forced into a 13, at the 341 meeting?

[BigJohn]

I would ask the lawyer to seriously go over the figures.