Newbie: Please help

[Sick&Tired]

Had my initial consultation with lawyer today with the intention of filing Chapter 13. I wasn't aware you could file Chapt. 7 and still keep your home, which is why I thought we would have to do a 13. My lawyer informed me today that you can file 7 and still save your home. After looking through our bills, income, etc. he determined we made $10,000 over median to qualify for Chapt. 7.

I just completed the Means Test Calc. online and according to it, we DO qualify for Chapt. 7. It too said we were over the state median, but after I completed the entire test (all debt, household expenses, total income, etc.) it said we passed!

Now I'm just trying not to get too excited, because the lawyer said we do not qualify (however, it was just the initial consultation and he didn't have every bit of info). Is this test completely accurate, should I have my hopes up that we can file Chapt. 7 and still keep our home? Any feedback would be greatly appreciated!

[lrprn]

Glad you found out that under most circumstances you can keep your house if you file Ch 7.

Is this test completely accurate, should I have my hopes up that we can file Chapt. 7 and still keep our home?

Although the online Means Test can give you a sense of where you fall, it can be mistaken.

Since your income for the last six months is over the median in your state for your family size, the only way to know for certain if you are going to be able to file Ch 7 is to sit down with your lawyer with all of your income and expense figures and fill in everything.

The difference between you filling out the Means Test forms yourself and your lawyer filling out your forms is your lawyer knows the ins and outs of what your bankruptcy district and trustees will accept as far as expenses go. There's quite a variation between districts, even between trustees in the same district. Having a knowledgeable lawyer to help you when your income is close to the median is a tremendous advantage.

[SinkingFast]

Courts are going back and forth on which draws the line for filing Ch 7. The Means Test or Schedules I vs J. Seems many Courts choose which ever gets them the result they want. More Ch 13 filers.

The Means Test, you get your Secured Debts and the Schedules Allowables for your area. Which could give you a positive result for Ch 7.

The Schedules Allowables are not always the amounts Courts allow for actual living expenses on Schedule J. Many times, the Court is "used to seeing" real life numbers that are lower. Enough difference in several categories will make a huge swing in your Disposable Income result.

[guzzie]

hi...welcome and good luck...this is why i'm glad i had atty who knew the trustee in my district and knew what amounts to put in. we sat down and i gave him the figures he said put this ,do this etc...no objections from the trustee....sit down with him do all the math and maybe he can help you get into 7....keep paying your mortgage and you will keep the house while in bk...
whatever chapter i wish you well...guzzie