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Its NOT so easy.LOL Chapter 13 instead? Attorney Oney/LadyInRed

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What is the name of your state?NH
Well, long story short-
I pay my 1200.00 for Chap 7. I call asking for the forms because i want to file next Thursday(They "efile")
This lawfirm is a partnership. I had my consult with the partner who really doesnt do the Bankruptcies. He never asked me how much i make. Looked at my expenses versus my income. Said "Why would you want to file Chapter 13? You more than qualify for 7. Today i payed the final amount owed to the secretary in the office, later I call asking for the forms and the lawyer who does handle the bankruptcies comes on- says we have enough time to get me the forms to fill out for filing Thurs. He starts asking me questions- Real property?No.Any kids? No.Medical bills? No. Mostly credit cards? Yes. How much? 17000.00 + student loans, ect. How much is your rent, 800 or so? No $1100.00. You live in NH and work in Ma? Good he says, the commute helps..?HUH? Assets? A 3 year old laptop and the 250,000 mile Saab... and the dealbreaker.."Do you make less than $40,000? No, I make about 46-47,000. Uh oh. He says that is going to be tough if i make over 40 and that i should fill out forms and then have a meeting with him to go over them. He says the fact that I pay Mass tax helps (NH is tax free) He says the commute helps. He says that they(his office) have their own method of calculating expenses and that a meeting will be neccesary. So i guess income DOES play a role, even if you are negative? I am thinking NH is very strict with expense amounts allowed and that i am screwed. I was very honest and went a little high on car maintenace and fuel(because of constant repairs) and food was at 300 (im single, but that is what i spend!) So i am thinking due to my income i will have to do 13. They are sending me the forms(which i already downloaded at the NH BK website). I am even more worried because Chapter 13 cost so much more to file and paying the 1200 has me pretty much broke as it is. The fact that he is already hemming and hawing makes me want to just file 13, scrape together 150 a month to give the trustee and be done with it, I dont want to spend all this money to have my BK contested(Substantial Abuse or whatever) Any advice guys? This lawyer is supposedly really good and has been at it a long time. He has probably seen alot. I just pray that if i have to do 13 my trustee will allow me to make payments directly- and not from work. Damn.
 


kopes

Member
I am not by any means an expert at this and maybe NH is different than MN, but I just had my 341 today. I make, by far, more money than anyone else that was there today and the trustee never said a word. Now, I also have 2 minor children to support, so maybe that makes a difference. My lawyer has always told me income does not matter, it's the debt/income ratio. I think you need to meet this lawyer and go over everything carefully before you make any decisions. I friend of mine went through Ch13 and says it was hell.
 
No kids. Just me. This is going to be a nightmare. I am going to call today and pick up the forms, i want to meet with this guy asap. He obviously knew how NH works.. Im starting to think it would be best to try and settle with this law firm. If i could figure out a way to get the 3000 in my 401K and get about 1000 back from the lawyer THAT WOULD BE HALF. I just dont know.
 

anabanana

Member
Dude--

Even if your rent was $2000 a month, why can't you just renegotiate your payments with your ccards? Jeezus, go to creditboards.com and figure out how to fix this without screwing your credit or your creditors...
 
Ana- The only reason i have to do this is because of two Providian accounts that collection agencie now own(from 3 years ago when i lost my job) The one that is about to sue (8000) wont even return my calls, i have called 5 times in the last 3 days. I WANT to work out a payment plaqn but im guessing its too late, and i wont be able to give enough. I called the collector who owns thw account- they were really nice actually, and said their lawyers handles all of the accounts! So he said he would call this lawyer in NH and make sure someone called me back. 3 days later, nothing. I have 3200 in my 401K which i would give them if i can figure out a way to get it out, and then do monthly payments. The fact that they wont call me back makes it clear a lawsuit is in the works.
 

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