So now It may be a Ch 7.....trustee questions

[jixxxer]

So the first lawyer i went see wanted to go Ch 13; granted it seems timing has alot to do with it......being i got a bonus in Dec. and my wife working extry that month it put us over the means test. Now I wnt to a second lawyer a few days ago and he was able to omit the Dec payments (6 months worth) is what they look at income wise. So now he is saying we can file Ch 7! I prefer that but im afraid I may get audited or made difficult??? LIke will the trustee really dig around and come to my house and what not being im so close to the line as far as ch 7 or ch 13??? R is it cut and dry......if u pass the means u pass, nothing they can do about it? Im just so ready for this process to get going!

[LadyInTheRed]

Yes, it sounds like the timing explains the difference between the advice from the two attorneys.

If you pass the means test, you pass the means test, as long as the numbers were entered correctly. But, if your schedules I and J show more current disposible income than the means test does, the US trustee can object to a Chap 7 discharge based on totality of circumstances.

The Middle District of Florida is the only place I have heard of a trustee routinely sending an appraisal to a debtor's house. The decision to do that is not going to be based on whether you are close on the means test.

If you can qualify for a Chap 7, file a Chap 7. If there is an objection, you can always convert to a 13 later.

[despritfreya]

If you wait until July to file, income received in December, 2015 will not be part of the means test as it will be outside the 6 month window. As indicated above, you will still need to properly complete Schedule I and J to show you do not have the ability to fund a Chapter 13.

Des.

[jixxxer]

So this month I didnt pay any cc bills and Im still left with less than $50! I think i may need to sell the house which wld also clear 2nd mortgage. Can u sell while in bk or i wld assume its best to wait till u discharged?