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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13082
Experience:  B.A.; M.B.A.; J.D.
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Hello again. I know you will not be able to answer me until

Customer Question

Hello again. I know you will not be able to answer me until tomorrow.

I have a problem and I think this is why it's wrong that my Lawyer filed before getting my Profit and Loss statement.

Anyway, I have been working on getting the P&L statement updated. Well it looks like we went over the income limit according to the income guideline you sent me. Basically, it's higher now then what I turned in to him a few weeks ago. Now what will happen since he already filed? Is my case going to be thrown out? I have done the means test online and my husband I passed with flying colors, but I just can't understand why he didn't discuss the means test with me at the consultation. I knew about it, but he never said anything when we had our initial consultation in July. He kept making it sound like we could not do a chapter 7 if we went over that income limit for a couple. It's like he didn't want to bother with a means test or something. We have a lot of debt so it shouldn't be a problem. Please help me. I'm so worried this whole thing is going to get screwed up and we can't go to the hearing. Will it be post pone until we take the means test in his office? I'm not sure what to do. I feel like crying.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.

Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Please do not cry.

I need couple of things from you though before I answer your question. Are your debts primarily non-consumer debts or are they mostly consumer debts?

Are you filing both business and personal bankruptcy or just personal bankruptcy because you are a sole proprietor?

 

 

I am signing off. I will respond to you later, before 7:00AM tomorrow.

Customer: replied 1 year ago.

Thank you for your reply so soon. We want to discharge all of our credit card debt. 4 credit cards have our name and the business name on them. All other credit cards just have our names. And yes, it's just personal bankruptcy although the Lawyer did ask about tools my husband has for the business. We are an LLC. It wouldn't surprise me one bit if he is under the impression that we want to bankrupt the business for some reason even I told him we didn't want too. But I'm thinking we are going to need to re-name it to avoid any creditor's coming after us with the business name on the cards.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

Your initial post:


Hello again. I know you will not be able to answer me until tomorrow.

I have a problem and I think this is why it's wrong that my Lawyer filed before getting my Profit and Loss statement.

Anyway, I have been working on getting the P&L statement updated. Well it looks like we went over the income limit according to the income guideline you sent me. Basically, it's higher now then what I turned in to him a few weeks ago. Now what will happen since he already filed?



Response 1:
Your Attorney MUST AMEND the affected Schedules and re-calculate the Means Test.

Is my case going to be thrown out? I have done the means test online and my husband I passed with flying colors, but I just can't understand why he didn't discuss the means test with me at the consultation. I knew about it, but he never said anything when we had our initial consultation in July. He kept making it sound like we could not do a chapter 7 if we went over that income limit for a couple. It's like he didn't want to bother with a means test or something. We have a lot of debt so it shouldn't be a problem. Please help me. I'm so worried this whole thing is going to get screwed up and we can't go to the hearing. Will it be post pone until we take the means test in his office? I'm not sure what to do. I feel like crying.



Response 2: No, your case is not going to be thrown out. What it means is that your Attorney must go through the second part of the Means Test Calculation to ensure that your additional income on Item #51 of the Means Test Form does not exceed $7,475.00. Your Attorney must now complete Items 16 through 56 on the Means Test Form and then your signature on Item #57.

In the first calculation, only items 1 through 15 were completed and then your signature on Item #57. When the income is slightly above the Means Test threshold for your family size for your State, the Items 16 through 56 must be completed to ensure that your excess income does not exceed certain amount. If it does, there is a presumption of abuse and the case should and must not be filed by your Attorney. Otherwise, your Attorney would be looking at a legal malpractice suit. In any event, I just hope that you are not over the threshold amount on Item #51. If you are, your Attorney must file Motion to Dismiss the case because it was prematurely filed by accident and hope that Chapter 7 Trustee or any creditor would not object to the filing. Unlike a Chapter 13, there is no right to voluntary dismissal in a Chapter 7 case.


Here is the Means Test Form, for your review.

Customer: replied 1 year ago.

Thank you for your reply. I no doubt qualify, but I know I have to complete this 9 page document. This guy is unbelievable. He has made my job 10 times harder by not talking to me about the means test. Why do you think he avoided the means test? When I first went to the consultation back in July, he kept telling about the income limit. He even said that if I go over the income limit we might have to file another chapter. Never once said anything about a means test. I'm so mad.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for your reply. I no doubt qualify, but I know I have to complete this 9 page document. This guy is unbelievable. He has made my job 10 times harder by not talking to me about the means test. Why do you think he avoided the means test? When I first went to the consultation back in July, he kept telling about the income limit. He even said that if I go over the income limit we might have to file another chapter. Never once said anything about a means test. I'm so mad.


Response:
I am not sure why your Attorney did not discuss the Means Test with you in details because filing or not filing and timing of the filing depend on the Means Test. Anyway, that's water under the bridge now. You need to concentrate now in getting the necessary calculation done to ensure that information provided to the bankruptcy is correct.

Let me know how you made out.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13082
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

I sure will let you know. I'm working on it tonight and tomorrow and will hopefully turn everything in to him Wednesday. Thanks again!

Customer: replied 1 year ago.

Line 50 is $6130.44. I must have done something wrong. On the means test, Line 51 is $367,826.40. WTH? That's what I go when multiplied line 50 by the number 60. How come no where on this form does it allow me to take off the monthly expenses of the business? We don't have this much in disposable income. This is not realistic Help!!.

Customer: replied 1 year ago.

Nevermind. I think I did something really wrong. I will get back to you.

Expert:  Phillips Esq. replied 1 year ago.
Just to let you know, that your last question was answered by another Expert. So, I am not sure what the follow-up is all about. If you want me to answer your question, you need to start your question with "For Phillipsesq."


Thank you!

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B.A.; M.B.A.; J.D.