Legal Question in Bankruptcy in Illinois

Bankruptcy Means Test question

talked to the BK attorney, done the Means Test. The test looks at the last 6 mos. Looks like I can't go Chpt 7:

Q1: Included in the test was a 401k deduction, which reduced my gross and taxes were calculated on the reduced amount. Now that I am cancelling the 401k deduction (not allowed on Test), I will be paying more in taxes. PROBLEM is the test uses the last 6 mos (no 401k deduction) and taxes, NOT what will happen going forward. Test results show a sum available to pay creditors over time (with no 401k), but in reality I will be paying higher taxes and not have the amount of cash to pay (difference between the old tax rate and the new higher tax rate).

Q2: Also included in the test period was a bonus I received. Same issue...the amount available to pay creditors in the future 'assumes' I will get the same bonus (every 6 months when annualized) EVEN though who knows if I will get a bonus. Amount available to pay creditors is increased by this, and yet if I don't get bonus in the future, in reality the cash won't be there to pay the mo. plan.

Attorney says that's the way it is-nothing can be done/argued. Have no assets available to make up the difference. I PASS the test if the 2 get adjusted and could do a 7. Catch-22.

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