Expenses Chapter &- Help

Question:
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?

Answer:
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.





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