Attorney filing a motion to remove my wife's income

[kleinkp]

My attorney is convinced that she can file a motion to have my wife income removed from the means test in order for my family to qualify for Chapter 7! My wife will no longer work due to the birth of our first child. I hope she's correct in her assumption, if not do we have to wait to file Chapter 7 until our income qualifies? I'm not familiar with how chapter 7 works but with just my income she said there's no way it could be converted into a Chapter 13 because there's nothing left over to repay each month!

[Flamingo]

Is your first child due soon or is the birth recent? If your wife is working now and quits and with the timing of your Chapter 7, it could raise eyebrows depending on your entire situation. Also most employers offer extended leave and several weeks of paid leave so if your wife quits she would lose those benefits and would also receive any unused sick or vacation time additional in her pay. You have a lot to review and consider, especially in this economy in case she has to go back to work and cannot find a job. Best of luck to you...

[keepmine]

Your lawyer is likely talking about a motion dealing with, "totality of the circumstances".
It's not unusual for a new mother to leave the workplace following the birth of a child and I doubt it'll raise any issues with the trustee.
If you've not filed and your wife has resigned then, prehaps delay filing until the 6 month lookback on income rolls off. Also, if you've not filed and the baby hasn't been born you need to hold off filing just in case there are any complications and huge medical bills that your insurance won't cover.