From what I understand if your income is lower than the median for your state, you're not subjected to the means test. We're at about half the median for our state, so if that's correct, I don't think we should have any issue. But according to the means test, we should be swimming in money rather than drowning in debt. Of course, the numbers provided by the IRS don't come anywhere close to reflecting the true cost of living, at least not in California. But it still makes me worry.
I guess this should be a question for my attorney, but he's been unavailable today, which is very disappointing because I spent the weekend convincing my husband to hire him, scraping together his fee, and compiling every document he needs to file. Just in case he remains unavailable longer than I'm comfortable with I've reached out to other law firms to get free consultations elsewhere.
Anyway, any clarification would be appreciated. Thanks for your time.
EX 695, EQ 703, TU 681 (1/17)
Thanks so much for your response.
I don't know whether it's a valid concern, but I keep thinking the trustee is going to look at our spending habits, wag his finger at us, and tell us we'll get no relief in bankruptcy court either. We don't take trips or buy luxury items or anything, but I know we spend too much on food. Nothing fancy. Mostly fast food peppered with a few restaurants. I guess I feel like we're going to be under a microscope once we file, and that represents the worst of our financial behavior.
Obviously I need to ask an attorney some more questions. The one I was planning to go with isn't returning my calls at the moment. If it continues this way, I think I'll hire someone else. It hasn't been long, but I don't like the idea that I can't get through to him, especially at this stage when you'd think he'd be putting his best foot forward.
Thanks for the clarification.
I hired an attorney Thursday, and I think we'll be filing next week. I can't wait until this is all behind us.
The trustee isn't going to spend their time wagging their finger at your expenses.
The trustee makes about $60 (IIRC) for each case that is IIB, unless the trustee can find assets and turn your Ch 7 no asset case into a Ch 7 asset case or a Ch 13. These trustees know where to look for assets. They are trained well and get hugely compensated for every asset they find.
So when it comes to your case - if you are less than median income and have no assets, expect about 3 minutes in front of the trustee and no finger wagging. 
Thank you. That makes me feel better. Our assets consist of two piece of junk cars, only one of which runs, and some Ikea furniture lol. I think we'll be fine.