Paying mortgage under a 13 ?

[supercrash]

I want a 7 but have to take a 13.

My unemployment checks pushes me over the top.

Can I stop paying the mortgage under a 13 and then when my benifits run out in 8 months get a rental to create a 'house expense' and covert to a 7 ?

My other option is to ditch my unemployment benifits with a fake job that I would lose in a week...leaving me without income and able to file a 7 in the first place.

What can I do ?

[justbroke]

You can file a Chapter 13 and already be in a rental. I don't understand the need to stop paying on the home and then switching to a rental. There are some pitfalls in attempting to modify a confirmed Chapter 13 Plan and then to attempt to surrender real property. You could be on the hook, as a priority debt, for the deficiency created! (Ask the attorneys that you consult with.)

If your payments run out, you could then, possibly, convert to a Chapter 7.

I would consult with an attorney. If your benefits are going to run out in 8 months, perhaps you could wait a few more months to file, and then the attorney uses the loss of work and being on unemployment as a special circumstance... to rebut the presumption of abuse.

[supercrash]

If your benefits are going to run out in 8 months, perhaps you could wait a few more months to file, and then the attorney uses the loss of work and being on unemployment as a special circumstance... to rebut the presumption of abuse.

I just spoke to my wife about this, Our plan is just that. We will not file anything right now, we will stop paying on the mortgage and save the money, we have stopped paying on our credit cards, they were calling till we retained a lawyer.

We will save money and stall any collection calls that start up till we are faced with court, then we will file.

It's possible we could stall for the 8 months and then file for a 7 before getting sued.

[supercrash]

If I do stop all payments and save the money, will I be questioned by the trustee about where 'all the money went' when I do file ?

Can I just tell them I have a drug habit and blew it ?

[justbroke]

If I do stop all payments and save the money, will I be questioned by the trustee about where 'all the money went' when I do file ?

Maybe, but not likely. Just make sure there's not alot hanging around. Spend it on an attorney, stock up on food, get any postponed medical work done, buy some clothes, fix the roof, get those car repairs done.

Can I just tell them I have a drug habit and blew it ?

Uh...

[supercrash]

Maybe, but not likely. Just make sure there's not alot hanging around. Spend it on an attorney, stock up on food, get any postponed medical work done, buy some clothes, fix the roof, get those car repairs done.

Thanks for the advice.