Lawyer certainty about what chapter to file?

[Anonymous]

I am just wondering for those that have filed bankruptcy, in the case the lawyer said you qualified for ch7 or ch 13 how accurate where he or she with this? I am concerned due to my income for last 6 months I won't make criteria for ch7. I have been working overtime just to keep the lights on. I am concerned I will have to do ch 13, I just don't think there is enough income now to payback such a large amount of debt. If you are above income parameters it is the means test that is the final decision correct? Any insight is appreciated.

[Arago]

Depends on the lawyer.   You should find out in your locality who has filed the most cases.  They will know exactly what they are talking about, and you should take their advice.  One thing to remember is that you can't convince a judge of anything if the evidence doesn't support it.  Don't even try to go down that road.  

[Anonymous]

Look over this website (great info)     https://www.legalconsumer.com/bankruptcy/means-test/      and utilize the means test that is available on the site.  

You will be able to see the answer for yourself.  

Chapter 13 doesn't mean paying it all back, it is based upon available "disposable" income as determined by more worksheets. 

Ch 13 still may be a better alternative, than plugging along. 

[Anonymous]

There are generalized test for Capter 7 but even with higher income $125K individual  + you may still qualify under certain circumstances if you meet the means test. I met the means test and did a ch7 with partial repayment meaning I had to pay the trustee $4,500 (which I think was BS and extortion).  My case we IRS, medical bills and fallout from the messy divorce where I have sole custody of my 2 teenage kids.

[Anonymous]

Depends on the lawyer.  Depending upon the case story and situation, lawyer will decide about what chapter to file. Many people are hesitant to hire a lawyer because they are fearful of what it might cost. Having a skilled professional on your side almost always means a better outcome, when compared with the results you can expect when you represent yourself. Whenever you are involved in a legal matter of any significance, you should evaluate both the anticipated cost of hiring a lawyer and their extra resources and the potential benefit of that representation.

[Anonymous]

You either qualify for a Chapter 7 (based on the means test calulcation) or you do not. Either way, your attorney should not just decide what you are going to file, but rather explain which options are available to you, and why the recommendation makes sense.

[GatorsFan84]

It depends on the attorney.  I will say this, in my city there are a lot of dirt bag attorneys.  I'm sure this is true everywhere but I went to 4-5 well known highly praised attorneys who all barely gave me the time of day and immediately wanted to file chapter 13.  Why?  It's easier for them paperwork wise and they make more money.  2 of them actually said they would refuse to take me on unless I agreed to file 13 and not 7.

It wasn't until a friend of my recommended an attorney he knew personally that I was made aware of this fact.  I hired this attorney on the spot and I couldn't have been happier.  He was super helpful and not crazy priced.

My case was difficult and I couldn't afford the Chp 13 payments so I knew going into this I would have to file chp 7.  I guess my point is make sure you do the research and find the right attorney.  

[Anonymous]

That's a good point. The first attorney I met with flat out told me I wouldn't qualify for a CH7 because of my income. I didn't hire him, but did see him at my 341 meeting representing another client. Had I listened  to him, I would be starting a 5-year payment plan vs. celebrating a recently obtained discharge.

[Anonymous]

Where I live there are attorneys that specialize in the various forms of Bankruptcy. They generally can size up the situation on the initial visit for you and make recommendations. You decide whether it is for you and proceed. Do it yourself approaches may leave a person not knowing all the "ins and outs" which can come back to haunt you later. When I filed the attorney did not charge for the initial visit. When I decided to proceed he had given me an estimate based on my situation and came in right on the money. His expertise was invaluable. Maybe I was lucky. Others have posted to be mindful of who you hire and maybe someone with a track record with Bankruptcy's is best (I agree - do not want to pay an attorney to learn on me or use me to feel out the process).