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    #1

    Means Test Error

    Originally I filed a Chapter 7 but after finding out that my expenses were a bit bloated my attorney is converting me to a Chapter 13. When we went over the original Chapter 7 paperwork together I asked her about the means test numbers to make sure they were right and she assured me they were. However after doing the math myself today I noticed that she did not average in 2 months of consulting income which I provided her the paperwork/checks.

    My question is, since I will be converting to a Chapter 13 will she submit a new means test and calculate it properly or will this be an amendment? How is this typically handled. This is the second mistake I've found so far and honestly it has driven my anxiety back up again. I have a meeting next Wednesday to make corrections to my expenses and such but until then I'm simply worried.

    Any insight to this matter is appreciated.

    Thanks guys!
    Last edited by cz3ch; 10-18-2012, 08:47 AM. Reason: grammar
    Tags: None
    #2
    I might have spoken too soon. I queried Pacer for my original Chapter 7 filing and in the means test it looks like my consulting income as well as my paychecks have been listed. There was one page listed as: Part II. CALCULATION OF MONTHLY INCOME FOR ยง 707(b)(7) EXCLUSION which really threw me off. It had a number listed as gross income and wages which looked very low. After scrolling down to the part that show each monthly total for my income and the averages, it made sense.

    Sorry for jumping the gun here. Looks like I need to keep watch on Pacer.

    Comment

      #3
      You probably should stay out of PACER. You could become a PACER addict and run up a large bill. Been there, done that.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

        #4
        justbroke is right. You really don't need PACER. What you need is a complete copy of your petition. Your attorney should be able to provide that so you can review it for errors. When the documents for the conversion are ready, have your attorney send a copy before you go to sign so you have plenty of time to review for errors.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment

          #5
          Originally posted by LadyInTheRed View Post
          justbroke is right. You really don't need PACER. What you need is a complete copy of your petition. Your attorney should be able to provide that so you can review it for errors. When the documents for the conversion are ready, have your attorney send a copy before you go to sign so you have plenty of time to review for errors.
          I had an incorrect copy of my petition it seems. That's why I went on PACER. I'm trying not to get online every day and look for my motion to convert. The charges will wrack up fast.

          I'll be going over the documents with a fine-tooth comb this time around and make sure everything is right. Just worried on how making corrections/amendments looks to the court since I'm converting. Maybe all of this is not as life-ending as I'm making it out to be. My stress levels have just got through the roof once I found out there were inaccuracies in the beginning.

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