Means test Question

[Anonymous]

Just visited a lawyer and he stated the following about the means test:

"Any secured debt not reaffirmed, is not considered in the means test.  Thus since most of your debt is secured, you are only eligible for a Chapter 13."

Is this true?  I got a funny feeling when his fees for a 7 is $900 and his fees for a 13 is $4400.

Thanks

[Anonymous]

see another lawyer.  We did not reaffirm our house but had intent to and used it in our means test.

[Anonymous]

You need to go to another lawyer, if you have secured debt it does not have to be reaffirmed I filed chapter 7 and had a car loan and a home, I let them both go I qualified for the means test I have a child and make 56k a year but live in california, the means test is determined by state the last 6 months pay are used to calculate, if you took a paycut ect recently you may want to time it right to qualify, a great lawyer will help you will this mine did.

Good luck

Cuteblossom