Last attorney said I can file chapter 7

[leftyf]

I just finished my attorney intros and retained the last attorney of 3 I met with. This attorney was pleasant and got right down to the business of doing a preliminary means test...none of the others really did anything but talk and tell me I will definitely be filing a chapter 13. I make around $80K and the median for my family is around $68K, but she believes we can file a chapter 7. This sold my wife on her immediately. I have concerns...am I being setup for the old bait n' switch where I'll be told I have to file 13 after all once I've paid all of my fees? She didn't seem slimy, but the best never do. She's been practicing for about 3 years, but is an employee of the firm and not in practice for herself.
My main question here is how painful is it if she turns out to be wrong and we have to convert to a 13? Will this cause a lot of trouble or will it be fairly routine? I think this probably happens a lot lately. I don't feel bad about the decision, but I do wonder if her 3 years will be an asset or a liability. I also wonder how the attorney/trustee relationship plays into this...I have to believe it does. As previously promised, I will be posting my numbers so the board can tell me where we've gone wrong on our means test...but I have to say, the attorney came to the same conclusion I've been coming to...there's nothing left to make a payment with. She even suggested I may have to give up a car because the trustee will wonder how I'm even going to make my payments.
Thanks for any advice.
Lefty

[Lindsay]

That's good news, Lefty! Hopefully you'll be able to get your Chapter 7. I think that the attorneys know how the trustees usually handle things and she probably feels somewhat confident that you'll be able to do a chapter 7. If none of the other attorneys did a means test and she did and you passed, that is great news!

[JRScott]

Usually the trap is that they'll file a Chapter 13 knowing you really qualified for a chapter 7. They'll collect their fees, then after a short time you'll find you can't afford the Chapter 13 and they'll convert to a Chapter 7 where they get more money paid to them.

If the Trustee decides to object to some of your expenses you could be forced into a Chapter 13 rather than a Chapter 7 but that doesn't always go the Trustee's way.

I think this lawyer is probably on the level trying to shoot for the Chapter 7 first. Its good that they did a means test, you really can't tell what chapter it is without doing a means test.

Good Luck

[Lindsay]

The lawyer we went to suggested a Chapter 7, but our income in way below the median so we wouldn't have enough income to pay a plan. I've heard that some lawyers always want to put you in a Chapter 13 at first. We know someone that qualified for a Chapter 7, but his lawyer put him in a Chapter 13 and we never understood why until I started reading these boards. I figured that his lawyer gave bad advice or wanted more fees.

[Boscoe]

Wanted more fees is probably the answer. I think it should be the attorney's duty to always push for the chapter 7 and let the bk trustee try to convert to a chapter 13.

[leftyf]

Thanks for the comments...hope this works out.