Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
HI and thank you for your question.
I run into this often, meaning that the means test is close, and the required #s may be slightly different than those presented by the clients.
You should meet with the attorney before converting.
If you feel your numbers will show that you pass the means test, then you should bring proof of that with you. Bring in all paystubs for the 6months leading up to the case, and proof of all expenses for the last 6 months, so that the attorney can calculate the figures with you.
Since the US Trustee has objected, or will, then you will need to justify changes with proof.
If you feel you pass and the trustee still objects, you would need to have a hearing on the matter for the judge to rule on. At that time, you can file a motion to convert to chapter 13 if you still don't pass the means test for the ch7. Good luck.
still there Terry?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).