I'm sick...may fail means test for 7

[parsoc48]

Attny's office just called, we're over the income median for C7...I'm just sick, I thought we were going to be filing this week. She (asst.) waiting for attny to come back from court, will call later this morning...she's hoping she missed something and it can be fixed...ME TOO!! The bottom dropped out of my stomach, I can't believe this glitch at this point....they knew about the income from the beginning, isn't that dealt with FIRST?! I was too upset to ask any questions, needed to calm down.
Thanks for listening (reading

[jdmc1973]

Never count Ch 7 out. I was also over the median, but here we are just a few days from my discharge. The trustee will most likely scrutinize your case more closely, as he did mine, but never say never.

[parsoc48]

Had you already filed the 7, even with being over the median? So the trustee gets to decide? Maybe in CA there can't be a filing without passing the means test first.

She's already talking about a 13 (yelch...not sure there's an icon for that!) but hopefully there's a way around it. We were in the negative almost every payday, I just don't see how there's enough disposable income left....sigh. It will be a long day..

[SUB]

I'm over too. Have an appointment with an attorney in a few hours.

[monkatom]

Not sure what you mean by over the median income as I am over the median income by like 30K in California but still filled a chp 7 as I passed the means test and I and J due to a high mortgage. Did you fail the means test is that what the paralegal was saying? I would be wary as I have heard many lawyers push you into a 13 since they collect more fees??

[parsoc48]

Thanks Monkatom..hadn't heard from anyone from CA yet, that gives me hope!
I might have given my thread the wrong title, I just freaked! She kept saying income....median is $61k and we're at $88...didn't mention "means test" so maybe she's still working on that part. I had gotten the last of my paperwork to her on Monday and she had finished putting the petition together this morning...that's when she called.
I'll be able to ask more questions when they call back...he never once mentioned a 13, other than to talk about it and disclose the positive and negative parts of all my options.
Thanks everyone, you're keeping me grounded!

[jdmc1973]

Yeah, you have to do the means test and I and J to see where you're at as far as income v. expenses. The means test has to be done regardless of whether you're over or under, but they look at your disposable income to decide whether or not you would get pushed into a Ch 13. I knew and my lawyer knew I was over the median, but I also had student loans that have to be paid, a car I'm keeping and other bills that add up to me being negative on the expenses.