Chapter 13 Unsecured Limits - Confused: Tax Lien, Surrendering House

[BIGSTAR1]

I plan to file Ch 13 in April (am in California) - when the new debt limits go into effect, but I think I still might be over the limits for unsecured.

I have about 242K in CC debt (all unsecured); this is an estimate (pretty good one) by April filing
Back Taxes for 2008 of 9K
Expected 2009 Taxes of 10K (I will file so I can include these in my filing)

I own a home but have decided to let it go ; the first is 386.4, and the second is 96.6 (the second is a purchase money loan, and is considered non recourse in California - I did not refinance). The value of the home is about 210K. I originally was going to keep the house and do a lien strip on the second, but decided that I was going to let it go since a) it was a hellish commute to work, and b) it was so far underwater.

I have a lawyer , but I thought I'd throw this out to the forum.

What would my unsecured debts be in this case.

242 + 10 + 9 = 271K
or ?
242 + 10 + 9 + 96.6 = 357.6K (new limit will be about 360.5)

Also , 2K of my attorney's fess will be rolled in to the mortgage - does this count toward the Limits or is it outside them.

and , I am NOT keeping the house and/or doing a lien strip.

Also a question on the taxes - I have an IRS Tax lien (shows up as a Court Record) on $8K of it - does that move it from priority unsecured to secured ? That would benefit me if I was close to the unsecured limit.

I searched the forums, and saw a number of discussions (involving Justbroke) , but was not clear. I plan to review with my attorney next week, but I was losing sleep this weekend worrying about this NOt being able to file 13 would be a big setback for me and my wife

Thanks for listening

[forgotten]

You look like you are close enough that you can make the numbers work on the schedules. Maybe gather up all your unsecured debt numbers now and don't bother to update them as balances increase from interest.

Generally, no one looks past the schedules to determine the debt limit. You will probably have one or two creditors not file a claim which will hopefully keep your claims under the limit also, if the claims do come in over the debt limit someone would need to file an objection (which may also not happen).

No, the taxes are unsecured even if there is an IRS lien in force.

I feel your pain... I was very close to the CH13 debt limit also.