In the Means test the Military Retirement Income was used. The Va compensation and Social security does not count in the Means test. BUT, the big question is leaving out the Social Security Income in schedule J for the figuring of DMI? We left it in which put us way over in DMI though.

Lawyer says it will be up to the TT and the UST on if they use or not use the Social Security as Income in the DMI. The big argument is that if the Social Security, in particular, is exempt from the Means Test, then why would the same Social Security money be pushed into the DMI to be used in a C13. Since Social Security is exempt from the unsecured creditors in the first place, why give it to them in a c13.

So far, 341 was on 10/14 and continued because the lawyer forgot to bring the reaff's with him that day. Trustee was nice, and said to bring them to him on 10/23. Since then, the reaff's are showing on Pacer and we have received copies of such, but absolutely nothing from the Trustee as far as a report. And nothing from the UST either.

Our lawyer said that he has not had a case like this AFTER the fact (filing). I say, "What"? Why tell us to stop paying our current cc's at the time of filing, and place us into a no-asset c7, only to find out that we could be dismissed, because we can't be forced into a c13. He said though, that we have no disposal income, below the median, and all our income is exempt (VA,Mil,soc.sec.disb.)
We are only hoping to be made an asset case, and have the trustee take the recreational vehicle that we use as a 2nd residence, and one of the new 2008 cars (both of these have leins and are upside down) with the exchange to be discharged as planned. He could reap 30k+ by taking and selling those two items and give them to the unsecured creditors to satisfy them, we were told.

We have house and 2nd mortgage, 2 new cars loans, a 5th wheel trailer (high end) loan, and 53K in unsecured debt.

Now my head is spinning here everyday waiting for the decision from the Trustee and/or UST.
IF we get dismissed, we are in more trouble now since we stopped making payments on our then current cc accounts when we filed in Sept. 09. I have no clue as to what will happen to us if that happens. I say just take a car and the recreational vehicle right now, and give us a discharge to start over.

Any comments would be very welcomed.....