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View Full Version : Expenses Chapter &- Help... Brett...anyone?


D Esposito
08-03-2003, 09:21 AM
Why would the attorney try to widdle your expenses down to make you qualifiy
for Chapter 13? It seems my attorney was really pushing that on us. I mean
if we have over 75,000 in debt and hardly any money left over after expenses
why is it so hard to do Chapter 7? If we have cable and internet would be
not be allowed to show these as expenses for Chapter 7. I know Chapter 13
is no frills bare bones. Are they really that picky for a hundred buck more
to make you file Chapter 13 instead? She said they would not allow any of
my business expenses because the business is not breaking even per month. I
find this all very diffcult and confusing.

Is it correct that if you can pay at least 50% of your creditors in 3 years
you should file chapter 13. Im in CA. I've tried talking to our attorney.
Last week we told her we decided not to file and when I called her back this
week to say yes we changed our mind, she said it was too late and she closed
our case. Retaining fee won't be reinbursed. So basically we have no more
legal advice unitl we go hunt another lawyer. Any good suggestions for
lawyer in CA? Preferably East San Fernando Valley?

--





Believe nothing because a wise man said it.
Believe nothing because it is generally held.
Believe nothing because it is written.
Believe nothing because it is said to be divine.
Believe nothing because someone else believes it.
But believe only what you yourself judge to be true.
-- Gautama Buddha

Brett Weiss
08-03-2003, 09:58 AM
I can't comment on whether you should file a 7 or a 13 without a
review of your file and some idea of what the trustees in your
jurisdiction allow and don't. Here in MD and DC, for example,
cable and internet are appropriate expenses; I don't know if the
local trustees where you are located would fine them so.

Also generally, if a client qualifies for a Chapter 7 (or even if
it's close), absent reasons that make a Chapter 13 necessary, I'd
file a 7 for them. Cheaper, quicker, and easier.

Speak with a new attorney.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
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* BRETT WEISS, P.C. *
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************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"D Esposito" <favouriteslave5@adelphia.net> wrote in message
news:uEaXa.11498$Ad4.4766872@news3.news.adelphia.n et... Why would the attorney try to widdle your expenses down to make
you qualifiy for Chapter 13? It seems my attorney was really pushing that
on us. I mean if we have over 75,000 in debt and hardly any money left over
after expenses why is it so hard to do Chapter 7? If we have cable and
internet would be not be allowed to show these as expenses for Chapter 7. I know
Chapter 13 is no frills bare bones. Are they really that picky for a
hundred buck more to make you file Chapter 13 instead? She said they would not
allow any of my business expenses because the business is not breaking even
per month. I find this all very diffcult and confusing. Is it correct that if you can pay at least 50% of your
creditors in 3 years you should file chapter 13. Im in CA. I've tried talking to
our attorney. Last week we told her we decided not to file and when I called
her back this week to say yes we changed our mind, she said it was too late
and she closed our case. Retaining fee won't be reinbursed. So basically we
have no more legal advice unitl we go hunt another lawyer. Any good
suggestions for lawyer in CA? Preferably East San Fernando Valley? -- Believe nothing because a wise man said it. Believe nothing because it is generally held. Believe nothing because it is written. Believe nothing because it is said to be divine. Believe nothing because someone else believes it. But believe only what you yourself judge to be true. -- Gautama Buddha

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