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HELP!! Question regarding other income for past 2yrs

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    HELP!! Question regarding other income for past 2yrs

    I decided to file Chapter 13 in a desperate attempt to save my house (or at least forestall the process of losing it). The dilemna is this;

    Only in the past 9 months have I worked. I barely take home 1200 per month and my mortgage is 3000. I haven't been able to pay for 6 months. For the past 4 yrs my boyfriend has paid for everything, rent, expenses, etc. But this past year, he ran into financial trouble and so I began working. He still gives me money but just enough for a few household expenses (he lives with me and is has been working on and off).

    My question is regard to income. Specifically, how do I address past income for the previous 2yrs? Each month it varied, but it always covered my mortgage and other bills. Thing is, because I was unemployed, I didn't file a tax return for the last couple of years. Any advice on how to handle this without dragging him into my mess?

    And, is it pointless to even file a Chapter 13 my current income less than half of what I would need to just pay my mortgage. My thinking was that between my job income improving in the next year, as well as my boyfriend's, we could be able to make payments, but not immediately.

    #2
    I think it's pointless, but that's just my 2 cents. The reason? You can't make the mortgage payment on your own, let along in a Chapter 13 plan (which includes arrears). Also, what would happen if you and your boyfriend broke up and he moved out?

    You're hanging on to a house that has drained you, please don't let it continue to happen.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      I think Chapter 13 would be pointless.

      1.) You would be required to file all past tax returns, so be prepared for that.

      2.) You are required to make your first Chapter 13 payment within 30 days of filing. Your payment would include your monthly mortgage payment plus arrears. You can't even afford your monthly mortgage payment right now, let alone the payment + arrears. Chapter 13 isn't going to dismiss the fact that you may be able to pay your mortgage in a few months, they're going to want a full mortgage payment + a portion of the past due payment EVERY month of your plan, including your first payment 30 days after you file.

      Do not delay the inevitable. If you can't afford your house, let it go and move on. Easier said than done, but as adults we have to do what we have to do.

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        #4
        The problem is I don't have money to move right now. I need a few extra months. It guess it is pointless to try to do a chapter 13 because there is no way I could get a first payment in within the first month, so the trustee would move to dismiss. But is a Chapter 7 pointless as well? Won't it buy me more time?

        I do have a "tenant" or roomate that pays me $600 a month for rent. Even if the lender sells at auction, don't they have to give at least 90 days of notice under the Tenant Protection Act? I doubt they would move to evict me during that 90 days. But I am not clear on how to make the lender aware that there is even a tenant living in the house??

        As for the point about the tax returns, I was under the impression that I didn't have to file because I had no income?

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