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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19471
Experience:  B.A.; M.B.A.; J.D.
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I am a member of the National Guard and was jobless, and ended

Customer Question

I am a member of the National Guard and was jobless, and ended up falling behind on everything. Trying to do a chapter 7 but the lawyer i have says i make to much, i was activated under Presedintial Proclomation 7463 under provisoon of section 12301 (D) Title 10 and the lawyer says that its not applicable in the Relief act of 2008, is this true, my orders end in January 2012 and then i am back to being unemployed.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 6 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

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Question: I am a member of the National Guard and was jobless, and ended up falling behind on everything. Trying to do a chapter 7 but the lawyer i have says i make to much, i was activated under Presedintial Proclomation 7463 under provisoon of section 12301 (D) Title 10 and the lawyer says that its not applicable in the Relief act of 2008, is this true, my orders end in January 2012 and then i am back to being unemployed.

 

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Response: It is not true. I disagree with your attorney. You are not subject to the Means Test because you are a reservist currently performing homeland security activity. You would claim exemption under I C a. or bn Form B22A. So, you can still file Chapter 7:

 

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http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK%20Forms%201210/B_22A_1210.pdf

 

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http://ra.defense.gov/mobil/pdf/USERRAexemption.pdf

 

 

 

Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.

I just wanted to let you know that my lawyer didn't even want to look at my orders, he kept on saying that i do not qualify for the exception, so my only option was to go with the $860 for 5 years on a chapter 13 or get it dismissed. I told him i would not be able to afford that so i guess it will have to be dismissed. He seemed like he didn't even want to pursue the chapter 7 avenue. I thought that filing for bankruptcy was supposed to be a way of helping people in real trouble. Do lawyers get some kind of a kick back for a chapter 13 over a chapter 7?

 

Anyways, just want to let you know that after i write this i will accept your answer for you.

Expert:  Phillips Esq. replied 6 years ago.
Thank you for the Accept. While I am in no position to comment on any attorney's motive, however, attorneys make more money for filing Chapter 13s instead of Chapter 7s.

I hope all goes well with your case.

Best wishes,