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should I pay house payment prior to filing Ch. 13

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    should I pay house payment prior to filing Ch. 13

    We are currently 2 months behind on our mortgage payment , and the mortgage company said we're $ 390.00 in arrears as well.the total due to bring the payments & arrears current is $1,995.00.We are filing a chapter 13 in about 3 weeks.My question is, should I try to pay any towards the mortgage payment if the house is going to be included in the chapter 13 plan anyway.I can't pay the entire balance owed, but could pay perhaps 800.00.I don't know whether to make a payment or not since it's going to be included in the ch. 13.Any help appreciated.

    #2
    If you're filing soon, and have better use for the $800 then use it as it best suits you.

    The mortgage arrears will be paid within the plan, and having $800 less in priority debt would be fairly insignificant I believe. If you are filing after June 1st, then your June mortgage payment would also be counted in the arrears in the plan, and you must make your July 1st mortgage payment and pay your 1st your first plan payment within 30 days of filing. (Though the mortgage may be included in your plan payment, check with your attorney as it varies by district.)

    Perhaps setting the $800 aside for the July 1st mortgage and/or your plan payment would be a good idea?
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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