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Are investment property mortgage allowed as allowable expense in Chapter 13

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    Are investment property mortgage allowed as allowable expense in Chapter 13

    I have an investment property where I loose about 1000$ a month (Taking into account Rental income, mortgage, taxes etc)..

    When I calculate the disposable income for my rental, can I deduct 1000 dollars from my Job's income)..
    Can I do the same in Chapter 7. If I do that, I will have negative disposable income. So does that mean I will be allowed to file chapter 7.
    My current income is more than the median income.. but I am net negative when I include Inv property expenses along with other normal (IRS outlined) expenses.
    So, can I include Inv property as valid income loss (or expense) for Chapter 13.. If I include my annual bonus, I could show that I am a bit positive (200 bucks a month or so).
    I have about 50K credit card debt and a primary residence mortgage as well

    #2
    Yes, it's allowed, as it is treated as a business. As a matter of fact, form B22A or B22C (the Chapter 7 and Chapter 13 Means Test), includes an area for revenue and expenses from real estate rentals! Problem is, this number cannot be negative!

    Be careful in a Chapter 13. Many Trustees will require you to pay the appraised value of the home, to the unsecured creditors. This will usually put you in a 100% Plan.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      The appraised value for the investment property will probably be Zero or less then few thousand after you take 5% agent commision etc. but not a whole lot less. Would the Trusty still expect that?

      If I cannot put a negative number in the Rental property section, it is no good for me (becoz a positive income only puts me to the plus section).
      or I am missing something?

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        #4
        This is actually a tricky situation.

        The expense of the mortgage of the investment property is allowed insofar as it is a secured debt, but if the property is negative cash flow, the trustee is on fairly solid ground to disallow your use of other income sources to support the property. In a chapter 13, the investment property must pay for itself.
        Last edited by HHM; 09-17-2009, 08:27 PM.

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          #5
          So my only choice is to foreclose on investment property to pay for my unsecured debt? If I dont file Chapter 13 (or 7), I can not keep up with unsecured debt as well as secured..
          If I try to sell the investment property, how do I pay while I put it on the market?
          Is it disallowed by law or is left to Trusty to make the decision?

          Also, if I file for Chapter 13 and it is dismissed by Trusty, does it still go on my records? Can I file again later if I am unable to sell Inv property or come with more money?

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