How can each attorney be different?

[midnight]

One attorney tells me we can do a 13 at 300 a month, another says 900 a month if not more, and the third says we are THISCLOSE to a 7 and should be in a 7 once my hours are cut in the next several months. How can they all say something different? Blows my mind! Anyone else have the same thing? I'm afraid to see another attorney, because only knows what they will say.

[midnight]

Whoops, wrong thread!

[justbroke]

Because Bankruptcy Law still seems to be... well... interpretative... you will get different opinions from lawyers. However, unless and until they get your full financial picture, I think they are just "guessing" at what they can do for you.

You aren't getting three different opinions, however. One said to wait on your income to get into a 7... the others think you want to file now (so your only choice is a Chapter 13). The two who differ on the amount, probably have different information (just speculating) or missed something you said.

In any event, unless and until they get your complete picture down to the pennies you spend on necessities... it's just a guess.

Have you tried the Means Test yourself at LegalConsumer?

[midnight]

Well, I did give all attorneys 6 months of paystubs, and the third attorney recent tax year as well.

Either way, if we end up in a 7 or 13, I figure it can't be any worse than the past two years of barely squeaking by.

[AngelinaCatHub]

Well, I did give all attorneys 6 months of paystubs, and the third attorney recent tax year as well.

Either way, if we end up in a 7 or 13, I figure it can't be any worse than the past two years of barely squeaking by.

7 is the way to go if you can. Your new life will mean more to you once you get all this behind you and not drag it out for 3 to 5 years.

Attorneys are people and have different opinions too. Go for the 7, it is cheaper, and easier to get. Also the relief cannot be better. 'Hub

[justbroke]

Well, I did give all attorneys 6 months of paystubs, and the third attorney recent tax year as well.

I don't think that's enough info, and with only that... you will get different answers. As 'Hub write, if you can get a Chapter 7 and be done...

[HHM]

At the initial consultation, a good attorney would avoid giving specific numbers, it is just bad to set that kind of expectation (and creates the confusion you have now). The attorney should simply explain how a chapter 13 payment is calculated, and the qualifications for chapter 7 vs 13. If your over median for the past 6 months, the court presumes you belong in a 13 unless your secured expenses are such that you have no disposable income. So, the next question is, can you clean up your 6 month look back (which is what the 3rd attorney is thinking about), i.e. if your hours are going to be cut or you have a decrease in pay, maybe you wait 2-4 month before filing.

When it comes to talking about a chapter 13, at the initial consultation, the best practice is to avoid a specific payment amount, because really, the attorney can't calculate that on the spot; but talk about how its calculated (income minus necessary deductions minus living expenses, ALL living expenses), the benefits of chapter 13, and the goals that can be achieved with a chapter 13.

If you find an attorney that runs their initial consult like that, hire that attorney.