Every piece of information posted here is great.

The problem is the Bankruptcy Process is very tedious and detailed. As I am sure you are aware, you had to provide an enormous amount of information to your attorney. You do need to be involved in the process.

As Carl pointed out, if you can justify the living expenses that exceed the means test standards, then do so. Provide supporting documnents to your attorney that justify a $600 per month utility expense. If your transportation costs are above average, justify it. Do you and your husband have to travel significant distances? Does your family “have” medical expenses that are justified above the average?

I think you owe it to yourself and your attorney to set up an appointment and fully discuss the issues. Your attorney cannot adequately represent you if he/she does not know the full picture. Bankruptcy is FULL DISCLOSURE. Your attorney needs your input to make sure you have the best outcome.

Jeff

In a Chapter 13 cases, the means test form (B22C) has 2 places for debtors to itemize deductions due to special circumstances if the means test allowances does not accurately reflect the debtors’ reality. If the normal allowance for energy is $300 and the debtors’ actual usage, the debtors can claim these expenses on Line 57 and/or Line 60 an order to propose a lower plan payment. It may draw an objection from the trustee and require proof to be submitted of the necessity of the expense, but those arguments can be made to the judge at a confirmation hearing. If this wasn’t done, then perhaps a second opinion is in order.

Getting Chapter 13 plans confirmed is more of an art than a science and I learn something new every time I file a new bankruptcy case. Bankruptcy is a team effort between the attorney and the client. If the team can’t communicate, maybe there needs to be a change.
.-= Carl H. Starrett II´s last blog ..Beware of Phony Payday Loan Debt Collectors =-.

I’m with you, you know I’m not a fan of the means test. But we’ve got to deal with your reality today to resolve the issue.

It seems to me we have two issues.

1. There are communication and personality issues with the current bankruptcy attorney you are working with.
2. The damn means test box you are in.

Take it for what it is worth but here is what I would suggest. Rather than make the poor communicating bankruptcy attorney the villain here let’s try to rescue what we can and get you in a position to move forward.

I would humbly suggest that you make an appointment to go in and see the bankruptcy attorney face-to-face. Be nice when scheduling the appointment. When you go in take some cookies to the office staff and thank them for there help. Wrap them in a bow. Be nice. Kill them with kindness. After all we know who really runs an office, don’t we?

The goal here is to cross rough waters and bring your legal advocate back to your side and make them your friend again. Your new found friends can be helpful in moving this forward. Being on friendly terms will help you to rebuild communication, if possible, and that only helps. Once you can communicate in a more relaxed atmosphere then you can ask for their help in repairing this situation. The ultimate question needs to be “What can you help me do to make this situation better?”

I’ll reserve judgment about what the next steps are till you report back how that went. But the options are a plan modification, a reduction in your lifestyle expenses to fit within the plan, or a plan failure.

What do you think, does this approach make sense and seem reasonable? Are you with me?

Big hug.

Steve

So we had to decide rather to throw away what we had already given the attorney(non refundable) or try to pay our debt thru bankruptcy.

If your expenses exceed the means test allowances, then your attorney can argue for a lower repayment plan. You sat that your “lawyer is no real help whatsoever”. That’s a difficult statement to accept at face value and it appears that you have a communication issue with your attorney.
.-= Carl H. Starrett II´s last blog ..Chapter 7 Bankruptcy Options for Business Owners – Part I =-.

Yes the means test can seem unfair and attorneys do not like it amymore than you do.

Based on the information you have provided, it sounds like your household income is fairly decent. If you are concerned about the amount of the payment, please review your means test to see if all the additional expenses have been accounted for, and that you truly are above median.

Secondly review your Sched I (income) and Schedule J (expenses). From what you have told us, your rent is $2500 per month and after all your living expenses are considered, you have $3200 per month available to pay to creditors. If your Sched J does not adequately reflect your living expenses, then talk with your attorney and have it adjusted. The amount of your Plan Payment is based largely on the last number of your Schedule J (discretionary/available income).

I am trusting that your attorney has properly prepared your file and that you have reviewed all the forms and schedules.
If you are currently living way beyond the median expenses, be prepared to either justify that point before the court or make adjustments to your lifestyle so you can complete the plan.

I hope this helps and I wish you the best of luck.

Jeff