Deductions for Debt Payment

[Torra]

Can I leave my mortgage payment off of Subpart C: Deductions for Debt Payment schedule? I don't want to have to pay the trustee 10% of m mortgage.

[justbroke]

No. You need to list it. Everything is technically "included in bankruptcy" so there is no excluding something from the Schedules and Forms!

Now, if you're in a Chapter 13 and you are filing a plan of reorganization, then it's in the Plan where you would not list the mortgage payment.

Are you doing a Chapter 13? First, I think you posted this question in the wrong part of the forum. Second... are you attempting a Chapter 13 pro se?

[Torra]

I am filing a Chapter 13 myself. I have gotten a bit confused, is there two forms for Statement of current monthly income? one for 7 and one for 13?

[justbroke]

I am filing a Chapter 13 myself. I have gotten a bit confused, is there two forms for Statement of current monthly income? one for 7 and one for 13?

Yes, and they look similar, but are different. Filing a Chapter 13 by yourself can be... difficult, to say the least. I hope you at least have a guidebook, such as the NoLo Press Chatper 13 Guide. I only say this because you're already having issues with which form to use.

The forms are the easy part. The most difficult is getting to Confirmation and getting your Chapter 13 Plan of Reorganization confirmed. Part of that, is making a plan that works, is confirmable and that is feasible.

Chapter 7 - FORM B22A - STATEMENT OF CURRENT MONTHLY INCOME AND MEANS TEST CALCULATION

Chapter 13 - FORM B22C - STATEMENT OF CURRENT MONTHLY INCOME AND MEANS TEST CALCULATION

[Torra]

Thank you for your reply. I do have the Nolo book. I didn't realize that the book contains both the Chapter 7 form and the Chapter 13 form. Do you know why? Am I suppose to file both?

I have all the forms completed except for the plan and Income. It is challenging but attorney's are out of my financial resources.

[justbroke]

There are two different NoLo books. One for Chapter 7 and one for Chapter 13. I don't think that either book contains the "either" form.

I would leave you with this. Never use the forms in the book. Always get the Official forms from the U.S. Bankruptcy Court website!