Incompetent attorney? Schedule I/J & Means test clarifications

[LadyInTheRed]

LadyInTheRed - thanks again for your comments and help. I have a question though. When looking at the Cornell site I see that this is for chapter 13 conversion - which makes sense. However, I am filiing chapter 7. This perhaps makes a difference? Or am I reading this wrong.

The title for the section is "Dismissal of a Case or Conversion to a case under Chapter 13 or Chapter 11". Note the language "a court can dismiss a case under this chapter." Section 707 is in Chapter 7 of Title 11 of the U.S. Code. It describes in what circumstances the court can order that a Chap 7 be dismissed or (with consent of the debtor) converted to a case under Chapter 11 or Chapter 13. Paragraph (b)(1) says the court can issue such an order if it finds that granting a Chap 7 discharge is an "abuse" of the provisions of "this chapter". Paragraph (b)(2)(A)(i) describes in what event a court can presume abuse exists. If there is no presumption of abuse, a party petitioning the court for an order to dismiss or convert would have to prove there is abuse. The purpose of the means test is to determine whether a presumption of abuse arises. Even if there is a presumption of abuse, the presumption can be rebutted by demonstrating special circumstances as described in subparagraph (b)(2)(B).