Error on Means Test

[MomIcantFindmy]

UGG!! We filed yesterday and I printed our paperwork today and noticed that the income reported on the means test is higher than what we made. It was broken down by month on this paperwork (which I didn't see until now) and that made it easy for me to spot the error. (The documents I sent to the lawyer would have shown that). Should I contact the lawyer and have them correct it or just not worry about it since the means test puts us under the median income either way, so we still qualify for a Chap 7

[DivorceRuinedMe]

You have to fix it. My income was wrong too because of a simple clerical error (the paralegal halved my monthly salary and used that figure on the means test). I got into super hot water b/c my cause was pulled for audit. Thankfully the UST was nice and didn't file an objection to the material mistatement of my income that the audit found. I feel like I got lucky b/c I was able to talk my way out of the mistake. Ultimately, it's on YOU the debtor to make sure there are no mistakes BEFORE you sign the documents. And also, it's up to you to correct them if it's wrong after you file. So call the attorney and have them file an amendment ASAP.

The whole stink with the US Trustee with my case was that I didn't correct the material mistatement until AFTER the case was pulled for audit. I actually didn't notice it until after but she made it out to be like I lied and then tried to back peddle and fix any errors BECAUSE my case was pulled for audit.

PS - cases are pulled for random audit fairly quickly after you file so I would get this fixed as soon as humanly possible.

[lrprn]

Since the higher amount doesn't affect you qualifying for Ch 7, it's probably a wash. Do let your lawyer know but as long as it's not a huge difference, it won't surprise me if he leaves things as-is.

Even if your forms get a closer look, it's unlikely that a trustee (local or US) is going to have a snit because your income is showing as HIGHER on the forms than it actually is and you still qualify for Ch 7

[epiphany]

I concur with Irprn.....and Conrats on filing!

ep

[MomIcantFindmy]

Thanks so much....I received a form in the mail today that I must have missed in the signing. I will return it and a letter to the lawyer letting him know about the actual difference in money. If it doesn't get corrected and I get asked about it at the 341 should I just tell them that there is a mistake or what?

[tallberry]

I am in the same boat as you, MomIcantfindmy, I discovered the error on my income the day after we filed. We fall under the median income both ways but I just want it to be right! I have tried since the end of March to get my attorney to acknowledge the error but I am being completely ignored. I'm going to do what you wrote in your last post...bring the info to the 341 and deal with it then, if it is brought up. Thanks for the great post..