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PLEASE HELP!!!! incorrect info on a Meand Test

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    PLEASE HELP!!!! incorrect info on a Meand Test

    Please help I am getting crazy nervous here.

    The situation is as follows:

    I filed ch7 last year and was discharge painlessly.

    Now my husband filed ch7 and his 341 is next week on thursday.

    I checked PACER today and his 22a and means test and it shows > 1000 in monthly disposable after the means calculation. It shows $68 in other form where income is calculated ( not sure what is the form Sch J?)
    Now of course > 1000 in MDI is unacceptbel for ch7, I started reviewing the actual calc and looks like they forgot to include income taxes that are deducted from our paychecks, they included around 300, while it is very under. I checked mine 22a and there taxes are >2000. Our income did not change or anything, so it should be the same. I think my attorney screwed up!
    I called the att ofice but she's busy now and I will call back later. BUT.... what can be done at this point? Ammend 22a ? Is this a red flag? Or leave it as is?
    Please help, what should I tell my attorney..... I am soooooo nervous.

    thanks.

    #2
    I wouldn't have thought the amendment too enormous a red flag given that you'll certainly be able to justify it based on your actual tax liability as an obvious mistake.

    I wonder why the attorney's office didn't flag it before they submitted it!

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      #3
      called an att office, almost yelled at them, they propose to come to the office and go over the paperwork again and not to worry we can ammend...

      Now the only question is if the ammend (even though truthful and 'logical') is the red flag.

      The other thing I was wondering when UST 'scanning' the cases, another words if we have a 10 days till 341 meeting, are already on a hook. Also, my att did not submit 22a right away w the petion, she submitted it on Jan 28 (at the deadline to file date)

      Comment


        #4
        Silver lining: if you're going to draw scrutiny, better to do it by drawing their attention to something you can easily defend!

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          #5
          Originally posted by marchelala View Post
          called an att office, almost yelled at them, they propose to come to the office and go over the paperwork again and not to worry we can ammend...

          Now the only question is if the ammend (even though truthful and 'logical') is the red flag.

          The other thing I was wondering when UST 'scanning' the cases, another words if we have a 10 days till 341 meeting, are already on a hook. Also, my att did not submit 22a right away w the petion, she submitted it on Jan 28 (at the deadline to file date)
          I don't think it should raise a red flag. During your 341 meeting, the bankruptcy judge might ask you but even so, he/she will understand it's an honest mistake. It just doesn't seem logical for the court to have a presumption of fraud or invalidity from an honest mistake like that. And they shouldn't.
          Los Angeles bankruptcy attorney, Long Beach bankruptcy lawyer handling Chapter 7 bankruptcy and Chapter 13 bankruptcy cases.

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