totality of circumstance

[jmstay]

[HHM]

The real question is whether you other expenses are reasonable.

The mortgage is tricky...if you are surrendering, many US trustee's default you to the Allowed housing expense for your area, if that is significantly less than your mortgage, you could be forced into a chapter 13.

there are 2 possibilities.
1. This lawyer is, in good faith, going to attempt to give you what you want, a chapter 7, and thereby possibly testing the boundries of the case law in your area.
2. This lawyer is, (mostly in good faith, but with an eye to self interest), is offering you a chapter 7 to get you to retain his firm, files a chapter 7 for you, knowing full well you will likely be pushed into a chapter 7, thus allowing the attorney to get a fee for both a 7 and a 13.

In any event. TIME IS ON YOUR SIDE. You should wait 2 months to minimize your income.