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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Hello, Our case was in for chapter 7 review, but the states

Resolved Question:


Our case was in for chapter 7 review, but the states attorney met with the trustee at our first meeting and said that we exceeded the annual means test. Our attorney had told us all along that while we exceed the annual the month to month means test showed that we were not meeting our financial obligations, so there would not be a problem.

Now, he is telling us that we gave mis information in regards XXXXX XXXXX income and we make too much money for either test. I believe he is dis organized and has misplaced several of our financial obligations that we gave him because when he read them to me the numbers were different then I had given him originally and there were items missing, yet this was the information he submitted to the court.

SO, his advice is to convert to a 13 and he called the trustee today to arrange that because we were to meet with them tomorrow, and "he doesn't want us to miss work."
What should we do now?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
Chat Conversation Started
Terry L. :

HI and thank you for your question.

Terry L. :

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.

Terry L. :

You should meet with the attorney before converting.

Terry L. :

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.

Terry L. :

Since the US Trustee has objected, or will, then you will need to justify changes with proof.

Terry L. :

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.

Expert:  Terry L. replied 7 years ago.
Thank you for your question, good luck.
Customer: replied 7 years ago.
Thank you, XXXXX XXXXX attornee already told the trustee wanted to move it to a 13 are we stuck? Our actual appointment is tomorrow, but we were told "he'd handle it," My husband was pretty upset that our attorney is as unorganized as he is, plus with the close figures we weren't given ANY indication there could be a problem so we were blindsided. The last thing our attorney said is that he called to have it moved to a 13 and asked not have his name on it since we have to select a new attorney, plus he advised me is going to refund half of our money for the "mixup." I don't have receipts for everything, so I don't know that I can prove groceries/gas...etc.
Customer: replied 7 years ago.


still there Terry?

Expert:  Terry L. replied 7 years ago.
Until it is actually converted (filed with the court) you still have time.
Call the lawyer this morning and tell him to wait until you meet with him. He may have told the trustee that he intends to convert.
Do the best you can in getting the info together, if you used a debit/credit card, your statements would suffice. Good luck.
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