Questions For Chapter 13 Debtors

[nursebette]

Schedule J "expenditures" with 2nd mtg payment=DMI (704.00) this qualifies me for a chap 7 bk
Schedule J "expenditures" without 2nd mtg payment=DMI 340.00. This would qualify me for a chap 13 bk. I guess my question is....since the 2nd is in arrears am I still able to claim it as a current expenditure? I think I need to talk to my Atty again even though he's not that forthcoming with info. Seems knowledgeable, but not very informative.

[nursebette]

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[SMinGA]

Its something to discuss w/ the atty, as that is something that can vary by district.

I think I need to talk to my Atty again even though he's not that forthcoming with info. Seems knowledgeable, but not very informative.

[nursebette]

Hi everyone.....just a quick update on the question (will I be able to access my 401k account in a chap 13bk?) Talked to my Atty today and he said "most definitely, yes". Told me that trustees primarily are interested in...."are you making all payments as agreed" and that's it. What they would question is if you had any type of "windfall" while in the chap 13 plan.

The other question I had was "do I still qualify for a chap 7 bk even though I am not now current on my 2nd mtg payment"? Again the answer was "yes".

At this point I believe I will file for a chap 13 and do the lien-stripping on the 127,000 2nd mtg and be done with it. This will also eliminate 125,000 in cc debt!

Anyway, want to thank everyone on this forum.....what a blessing you folks are to people like me and so many others.

Will keep you posted how things progress from here. Plan on filing sometime this Oct or Nov.