I should further explain my previous post. Not all UST's do exactly what the UST in our district does. Here's how it works (from what I've seen): the UST reviews above-median petitions. They look for obvious things, like expenses that seem extravagant, miscalculations, anything that seems out of the norm for Schedules I and J. They get a "feel" for the debtors and decide either to let the case proceed or to become more involved. If they take a closer look and believe that the debtor belongs in a 13, they start looking for things to adjust on the means test. Maybe all it takes to come up with a result that looks like abuse is to include a tax refund. Maybe that's not enough, so they add 401K contributions back in as income. Maybe they need to go further and reduce the housing expense. It just depends on the case and how strongly the UST feels about converting it.
So, don't freak out... just file as honestly as possible, but be aware that if the UST wants you in a 13 they will push for it. Once you file 7, the effect on your credit is the same whether you get the discharge of not. It is a lot like a poker game, but unless there is fraud the worst that can happen is a 13.
So, don't freak out... just file as honestly as possible, but be aware that if the UST wants you in a 13 they will push for it. Once you file 7, the effect on your credit is the same whether you get the discharge of not. It is a lot like a poker game, but unless there is fraud the worst that can happen is a 13.
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