unemployed but over median

[melissah34]

We got our paperwork for chapter 7 into our lawyer a couple weeks ago. My husband was fired 1 month ago. For the months of December through May he made about $315/mo. over the median. I fully expected to have to wait a month or two to be able to file so that our income dipped below median. The paralegal called me today to make an appointment to sign the petition this week. She says that because my husband is unemployed that it doesn't matter. We obviously can't do a 13. This advice goes against everything that I've read but I assume that they have done this before. I plan on asking them tomorrow. She said that the US trustee would probably presume abuse because of the income and would possibly be in on it but it would be fine. She said that it was also possible that if the husband gets a job before the 341 that they could push us into 13. I am 99% sure that he cannot make as much as he did. Even with our best prospect we would not be over median in 6 months and would have no disposable income for a 13 even then. My understanding was that the means test is pretty much set in stone. Thoughts?

[keepinitreal]

Well, you could just not visit the attorney until July, causing at least December to drop off the 6-month lookback.

Also, on the forms you have to sign, if there's a checkmark next to "presumption arises" then that means you may have to wait even longer until your 6-month lookback is under the median.

Are you needing to file ASAP? If not, calculate when your income will be under the median and then file.