When I file, do I specify 7 or 13 at that time?

[BillyRip]

Obviously my Atty is going to try to squeeze me into a 7, but with grossing $65K, and house, car, food, monthly meds, and utilities at $2200, I can't see it. Can we ask for a 7 and then they force me into a 13 at a later date?

What's the time frame the entire process?

[kornellred]

Your attorney will file Chapter 7 on your behalf. The trustee will object if there are valid objections. If the objections are insurmountable you will have to file for Chapter 13.

If you pass the means test that dictates a Chapter 13 status, I doubt that your attorney would try for a Chapter 7. I should think that the arithmetical nature of the means test would take the guesswork out of the filing status, but plugging in speculative numbers could raise a few eyebrows.