Filing a preferred chapter 13 only to strip junior lienholder with NO plan payment

[bntactnt]

I am qualified to file a chapter 7, my income is below CA median income, but I am thinking about filing a chapter 13 to strip the 2nd lien-holder which is 100% underwater/unsecured. Since I am NOT behind on my first mortgage, can I file a chapter 13 with NO plan payment and length of plan. Or do I have to wait to allow my first mortgage to go past due for a couple of month and then file a 13? Please help!!!

Thanks!

[momofthree]

No. You have to have a plan payment. Do you have any other debt besides the 2nd? We are only paying our car payment + attorney fees + trustee fees into our plan. We are also below median income in CA with negative DMI, but if you want to strip the 2nd you have to have a payment plan.

[momofthree]

I just searched your posts because your situation sounded familiar to mine and I'm confused. A few months back you were asking about lien-stripping in AZ, then a couple months later, you posted that you reside in MD, now you say you're below CA median income. Do you have many properties in different states? This could really complicate your bk....