question

[jmac]

Try to keep it short. I'm filing a 13, i was married but since have separated but have not filed. I lived in an apartment for the past 6 months. She had stopped making payments trying to modify here loan to something affordable but I'm on the loan. I guess she talked to the bank today and they said she is to far behind but if i put it in the 13 foreclosure will stop. So her plan was to give me the 2k i still owe the lawyer if i can add it to the 13. So can i do this? Would it be part of the payment plan because that wont work? Answers i need answers lol.

[jmac]

Guess i should also say she is really sick so this is the reason i didn't file for divorce and dont plan on it.

[SMinGA]

In general, yes a ch. 13 can pay off the arrears on a mortgage - stopping foreclosure - though the post-petition payments would need to be paid on time. (In or out of the plan, would depend on the district/trustee.) But I'm not sure how it would work for you to include apartment rent as an expense AND include the mortgage in the plan. Good thing to discuss w/ your attorney.

[jmac]

That is what i thought , i don't think i can have the mortgage in the plan because i cant pay it, barley making my rent. So i would have to rely on her the next 5 years maybe not a good idea.

[lrprn]

It could be difficult explaining to your trustee why you need to include a rent payment *and* a house payment for housing. That might get challenged, especially since your estranged wife is living in the home alone.

Is your wife planning to file a joint Ch 13 with you? Or are you trying to file alone? Which state do you live in? (I'm asking to see if it's a community property state.)

[jmac]

I live in California and plan on filing alone. She gets about 5k a month in disability so we can't file together because of the income. I think that disability can't be garnished so if we filed together that pretty much leaves my paycheck out there to be taken and if I'm not with her leaves me up the river.

[momofthree]

Since she didn't get the modification to make the payment "more affordable" then it sounds like she can't afford the payment anyway. She needs to find a more affordable place to live.

If she CAN afford the payment on her own, and she just fell behind purposely to qualify for the mod and stupidly didn't save that money, then it sounds like she needs to be the one to file ch.13 to stop the foreclosure.

[jmac]

You may be right mom3.