Confusion with means test

[rexy]

I am very confused and hope someone can help with my question. We are still communicating with our attorney because our plan has been misfigured. Our attorney assured us she rounded up so our payment would not be more than she originally figured. We have no additional income, in fact we have less. No surprise debts. It is now going up by 700 per month. She will not show me the means test she did she sends me the one from the trustee. It had wrong info. She said she would correct it. Now 3 months later she still will not give me an updated means test that she presented. She said today the trustee does the means test and tells us what to pay.

Why am I paying an attorney if she is not advocating for me.


Is this how it works usually?

Need advice.

Thanks

[LadyInTheRed]

That is not how it should work. The trustee does not get the final word. If the numbers on the trustee's version of the means test are not correct, your attorney needs to tell the trustee that. If the trustee is being unreasonable, there should be a confirmation hearing at which the judge makes a final decision after hearing both sides of the arguement.

If your attorney believes the trustee's version of the means test is reasonable, she should go through the numbers and show you how your payment is being calculated.

Have you sat down with your attorney to go through the numbers the trustee is proposing? If not, I suggest you make an appointment to do that.

[angel7821]

It has been almost 3 years since I filed my 13 so maybe things have changed I don't know. But I have never heard of the trustee doing the means test instead of the attorney. Sounds to me like maybe you have a lazy attorney if they are telling you the trusteee is going to do the means test. I would def sit down with the attorney and have a chat with him/her to discuss your means test. And until you are satisfied you can live with your monthly plan payment do not sign any papers.

[LadyInTheRed]

angel7821, I think what is going on is that rexy's attorney did do the means test and the trustee is proposing an amended one. The means test is a required part of the petition. The trustee doing a means test is just part of the negotiation to arrive at a plan that the trustee won't object to. But, I agree the attorney is lazy if she is just going to accept what the trustee proposes and expect her client to accept it without explanation.