When you meet with me, I will analyze your income and your debt and tell you if you qualify for filing either Chapter 7 or Chapter 13 bankruptcy. I will also advise you whether you should elect to file Chapter 13 even though you qualify for filing Chapter 7 based on the means test.
When we discuss the process of filing Chapter 13 and writing a Chapter 13 plan, I suggest that you think about your Chapter 13 plan the way you think about having a pair of shoes custom made for your feet.
The ‘shoes’ that I make for you are designed to be worn every day for five years. They can’t wear out–they can’t give you blisters–and they need to be versatile enough to go with all aspects of your wardrobe.
If the shoes don’t fit then you’re likely to stop wearing them.
Following that analogy: your proposed plan payment can’t be so expensive that you can’t buy food for your family. The plan can’t leave debt out, or treat creditors in a way that will cause them to object to your plan. If I don’t size the plan correctly, then you’re likely to see your case dismissed without discharge.
Yes, you can buy shoes at Wal-Mart or Target–and yes they are easy to find and priced to move. But I doubt that a pair of mass produced shoes will meet your needs for the duration. Similarly, yes you can find high volume attorneys who will write Chapter 13 plans that are essentially mass produced and destined to fail.
When you’re about to enter into the world of Chapter 13, it’s worth the time it find an attorney who will take the time to build a plan custom made for your debt and income.
Call me, Attorney Shannon D. McDuffie for your shoe consultation. (404) 418 8879