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Can a lawyer amend the means test after it has been filed?

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    Can a lawyer amend the means test after it has been filed?

    We just got a copy of our filing int he mail and our lawyer screwed up our means test. We still pass but are sitting at $7 disposible income and it should be -$200. Should we get him to fix it? or Can he fix it?

    He had us sit with him in his office and go over the paper work and then he changed it!

    #2
    Yes it can be amended. My means test showed $0 for the rent. I found this after it was filed and questioned the attorney. She tried to tell me it was correct and that it was included in the program? I was correct and she amended it, so our disposable income came down $1283 a month.
    Filed: Feb 15, 2007
    Confirmed: Sept 20, 2007
    21 months down
    39 months to go

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      #3
      Thank you! I thought it probably could, but of couse we got our copies of the papers after office hours and I was freaking out! We need as much of a cushion as possible in case the trustee starts to nitpick.

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        #4
        Getouttathehole, I just want to second that: yes, it can be changed (and there is no fee for this particular amendment) and quite frankly, the sooner the better if you're anywhere close to the line. The less you give the trustee to chew on, the better off you are, I think. If you haven't already, get yourself a PACER account and make sure you look carefully at everything he has filed on your behalf, and don't let him tell you it doesn't matter. That's your bk on the line, not his. Just my opinion, but I think your gut call was absolutely right on this. Good luck!!!
        Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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          #5
          We filed yesterday so hopefully we can get this taken care of quickly! Our 341 is April 10th.......I just want this all over smoothly!

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            #6
            You might talk to your lawyer. If your disposable is only 7 dollars then it shouldn't affect the case. He may have used his knowledge of your district to prepare the papers .

            It is a valid concern though that you should ask them about.
            May 31st, 2007: Petition Filed by my lawyer
            July 2nd, 2007: 341 Meeting Held
            September 4th, 2007: Discharged and Closed.

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