What is up? A few questions...

[leftyf]

Hey all! Lefty in Ohio...filed my 7 back in January. Here is what has happened...fyi, as some of you know, I am a very borderline 7 and I have been concerned about being forced into a 13 all along. The timeline:

01/18/08 Filed Chapter 7 and I'm about 12K above median income
02/18/08 341
03/15/08 Trustee files Motion demanding my tax refunds
03/15/08 Trustee files Time extension adding another 60 days to my wait for
discharge
04/13/08 Judge grants Order to both motions (quick response to motions, huh?)

I haven't heard a peep since...but, my attorney quit the firm and I spoke with my new lawyer last week. The strange part is that the advice I am getting from the new attorney is almost completely opposite of the advice from the old attorney.

Here are the questions:
Old attorney said "Don't change anything in your budget since you are so close on means test."
New attorney says "Sure, do anything you want. It doesn't matter what you do post filing as long as the trustee hasn't ordered it."
Which one is right? My wife and I are fighting because she wants to cut a bunch of expenses out of our budget and I'm stalling just in case.

New attorney said that if I was going to be converted to a ch 13 we probably would have heard from the US Trustee by now (I'm now almost 120 days post filing) Does this sound accurate?

As always, thanks for the advice.
Lefty

[leftyf]

By the way, I used to be a guru and now I'm a newbie. What's up with that?
I think I actually know more now than I used to since I've actually filed and been through the 341. It's probably because I haven't posted in a while.

[HHM]

New attorney is right, you can pretty much do whatever you want with the budget and if you are into teh case 120 days and the trustee hasn't done anything, then nothing will happen on that front. There is no need for you to amend your budget in your BK.

[leftyf]

Thanks HHM!