At what time will I find out if Trustee objects to my Chapter 7?

[sleepless2]

First off thank you to the moderators of this board. I know what a undertaking it must be.

I met with two different attorneys the first was a huge Law Firm. Long story short- I got the impression they did not really care if I went with them or not. The second Attorney has been in biz for 20 plus years. He seemed very upfront and realistic. (one man show with several paralegals) My First Meeting he said I was on the bubble between Chapter 7 and 13 and most likely I would be a 13. My second meeting he reviewed all my paperwork and said yea looks like a 13 so I accepted the fact and moved on. I went in for my final review and to sign my paperwork and he ran through the documents and some of the questions I found odd- Can you get caught up on your mortgage and cars etc.. I said I thought that would be included in the 13? His response was this is a 7 not a 13. Ugh- He looked through everything again and said - no I am pretty sure this will go through as a 7. If not we will just convert it to a 13. Soo my question is this. when will I find out if this is a 7 or 13? Possibly at my 341 meeting? Before? After?


I have other questions , concerns and fears I would like to post but I will try post one at a time. I will post my situation and what my concerns are. Just for the simple reason it may help future filers. In hindsight - I did some stupid things-

My attorney filed 1-13-15. and so it begins- My screen name says it all. Sleepless2

[LadyInTheRed]

If he is going to file a Chap 7, you must pass the means test. If the trustee finds something wrong with the way the means test is done or thinks your Schedules I and J show that you can afford to fund a Chap 13, he/she will object to that discharge. At that point, your attorney will try to convince the trustee you are entitled to a Chap 7 discharge. If he can't do that, you can either convert to a 13 or decide to let the judge rule on the trustee's objection. You will probably get a good feal for whether the trustee will object at the 341, but that doesn't always happen. The trustee has 60 days after the 341 to object to file an objection to your discharge.

Welcome to BKforum! Try not to lose too much sleep. You did what many find to be the hardest part and made the decion to file and filed. If you get a Chap 7 discharge, that will be great. If you have to convert to a 13, it isn't the end of the world. Either way, you are in a better position now than you were on January 12th.