Chapter 7 and means test

[snowangel]

Just spoke to my lawyer. He said we are over the chp. 7 median income for our state by just a smidge. (less than 4K a year over)His options to us were:

Wait until my unemployment runs out or go ahead and file. He said that our monthly expenses showed that we didn't have much ability to do a chp 13.

From what I have read on here though, it seems like when you are over the state means test you have a higher chance of the trustee calling abuse or disputing your BK?

what are your thoughts?

Go ahead with BK or wait. My unemployment is scheduled to end in december.

Thanks in advance

[leena]

My attorney thinks you have a higer chance of getting into it with the trustee, but that is in my district (MN). I think if your expenses are solid, you should be fine. There are people on this board who have gotten 7's when they are farrrr more over the median than 4K!

However, if it might be a significant hassle, and you can wait until your unemployment runs out and then file, you might want to do that instead. I would ask your attorney how he s/he feels over the median filers are being treated by the trustees in your area. BK is federal law for sure and everyone is bound to that be they in FL or MN, but districts and trustees vary in how they approuch the laws, for sure.