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    Rental Property - thoughts...

    Ok, so my wife and I are just about to file. It has been a long few months, but this forum has been great!

    We met with our attorney last week and he had an interesting suggestion and I wanted to get some feedback/thoughts about it...

    Our initial proposed payment was for $2,200. We were/are very happy with that plan. It kept our home, rental, and one vehicle outside of the plan, while putting our other vehicle in the plan (to bring interest rate down to Till).

    Our attorney is now suggesting that we add our rental into the plan (with the one vehicle), and increase our payment to the trustee to $3,100. However, that change modifies the loan on the rental and pays it off (~$120k) over the life of our 5 year plan. The additional $900 per month is only $50 more than we would be paying if we went with the $2,200 plan and paid the rental outside of the plan.

    Basically it takes roughly $1,400 of our DMI that WOULD have gone to unsecured creditors and applies that to the rental loan.

    Just a little background - rental property is valued at around $140k and is currently (and for forseeable future) rented out by family member.

    The huge upside is that after 5 years, I will have this property 100% paid off, and it only costs me about $50 more per month than what I was already prepared to pay.

    Downside is that since unsecured are getting almost nothing, it basically eliminates any flexibility we have with our plan for future adjustments.


    Just looking for some general comments/thoughts about this. It seems too good to be true - paying off an asset I want to keep versus paying unsecured creditors. Hoping others with experience here could weigh in.


    Thanks!

    #2
    Originally posted by NoTomatoCan View Post
    Our attorney is now suggesting that we add our rental into the plan (with the one vehicle), and increase our payment to the trustee to $3,100...

    Basically it takes roughly $1,400 of our DMI that WOULD have gone to unsecured creditors and applies that to the rental loan.
    That would be a non-starter in my District. You'd have to pay the unsecured creditors at least $120K or $2,000/month over the life of the plan in order to get that plan approved.

    The Trustees and Court, in my District at least, feel that you are gaining a significant asset with the Rental, over the term of the Chapter 13 plan, that you should commit all of the value of the property to the plan, up to 100% of the allowed secured claims.

    If your attorney thinks he can get away with this... cool.

    If not... what is your game plan? I mean... it looks like you're going to cram down the Rental, which means that you're probably upside-down (underwater) on the Rental anyhow. If this doesn't work out, are you willing to let the Rental go? (Please know that I dumped my rental after trying to preserve it, but after the Trustee said 100% to unsecured creditors... I was like... take it!)

    (Of course, this differs amongst Districts but it makes sense to me that you can't "benefit" while your unsecured creditors suffer.)
    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.

    Comment


      #3
      It is worth $140k, owe $120k, so not letting it go. Family member lives there and pays rent (and will for the forseeable future), so not quite the same as a typical rental. The rent covers the mortgage, taxes, insurance, and an additional $125 per month.

      I agree with you on the fact that it seems like we are benefitting at the expense of our creditors. Our attorney said it would go through, no problem, but I am leery.

      We actually have another rental that we are letting go... just too much work. The one we are keeping isn't as big of a deal since I would do the work at it anyway (family member living there needs assistance).

      The unsecured actually go from about 40-50% to less than 10%. Crazy.

      Comment


        #4
        I hope it works! That would really be a great fresh start for you once you get your discharge. Not too many can say they have a paid off investment property at the end of their Chapter 13!
        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.

        Comment


          #5
          I too think this plan is a non-starter. The Trustee's argument is simply why should your unsecured's get less so you can cram a rental property and many judges agree.

          Comment


            #6
            Thanks. I guess I will believe it once we are actually confirmed... still a long way to go until that.

            You mention this as being district specific (having to pay unsecured creditors an amount equal to what you pay back on a rental/secured)... does that imply that this is actually a real possibility?
            I have searched the forum and haven't found anyone who has done this.

            Comment

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