File date question

[BOBBY1269]

Hi ,

what is the best time to file chapter 13 , i was told if i file say january 24th i would have to pay my mortgage for feb 1st , where if i wait till feb 1st to file chapter 13 , i would not have to pay my mortage till march 1st ..

Anybody have any idea how this works

thanks

[LadyInTheRed]

If your mortgage is delinquent as of Feb 1, and you file on Feb 1 without first paying your mortgage, that payment is in arrears and would get paid from your plan payments. If you file on Jan 24th, your mortgage is not yet delinquent and couldn't be paid within the plan because it is post-filing arrears. Assuming your plan provides that you'll pay your mortgage directly, you would have to pay it by Feb 1. (If your payment is due Feb 1, but not deliquent if paid on Feb 1, you probably have to wait until Feb 2 to file if you don't plan to make the Feb payment.)

The best date to file depends on more than your mortgage payment. If you file on 1/24, your 6 month look back for income is July through December. If you file on 2/1, it's August through January. If that makes a difference in your average income, that may help determine the best filing date.