putting it all out there. Here's our situation.

[momofthree]

Ultimately, the decision is yours. I'm simply trying to let you know that there is an easier option for you, because, let's face it, a 7 is a much easier route than a 13. That said, a 13 isn't the end of the world. We're halfway through with ours and managing to survive.

[mslaw]

Ultimately, the decision is yours. I'm simply trying to let you know that there is an easier option for you, because, let's face it, a 7 is a much easier route than a 13. That said, a 13 isn't the end of the world. We're halfway through with ours and managing to survive.

I wasn't saying I wanted to do a 13. All I meant was the lady you posted, if I read correctly, didn't even have a mortgage any longer so she wasnt even filing on a mortgage. Obviously she couldn't claim it as an expense. How do people surrendering their houses who have 3k a month payments use those as an expense for a ch7?

[LadyInTheRed]

How do people surrendering their houses who have 3k a month payments use those as an expense for a ch7?

They bring the mortgage current before filing Chap 7, indicate on their statement of intentions that they will retain the house and pay on the mortgage and then keep the mortgage current durring the Chap 7. They stop paying on the mortgate and walk away after the BK is closed. In some districts, you may have to indicate on the statement of intentions that you intend to reafirm the mortgage. But, indicating an intent to reaffirm does not require that you actually reafirm.

[mslaw]

Ok I think I understand. So I'm just worried about what our lawyer is telling us and how differing it is from what I read here. She tells us that claiming a rent of 1500 a mo isn't a problem. But then I read here that because it is way above our county's IRS calculation for rent, that a trustee will have a problem with it. It's confusing.

[momofthree]

It may not be a problem, and an experienced attorney is a great resource for dictating how likely you are to get away with certain expenses in your particular district. That said, Olivies was dealing with the US trustee over the rent allowance issues. Since you are over median filers, there is a good chance that the US tt will get involved in your case as well. Your attorney may not be as well versed in what will fly with the US tt. I still suggest consulting with a few more attorneys as well. If they all tell you the same thing, then most likely you will be fine.

Again, we're just trying to provide information that you can use to make the decision that is best for your family--only you and your hubby can decide that.

[keepsmiling]

Anything could happen. Read Alorth's story sometime. TT gave him a very hard time over his significantly above-the-IRS-list MORTGAGE. Rare but it can/does happen. Wanted him to short sale his house. Crazy stuff.
Do whatever it takes to get into the 7. Read the recent post of person who received 40K during his 13 from a case of injury and had to turn more than half over. Get it over with and then move on. You just don't have a good enough reason to be stuck in a 13 with all its inherent risks.

[mslaw]

Anything could happen. Read Alorth's story sometime. TT gave him a very hard time over his significantly above-the-IRS-list MORTGAGE. Rare but it can/does happen. Wanted him to short sale his house. Crazy stuff.
Do whatever it takes to get into the 7. Read the recent post of person who received 40K during his 13 from a case of injury and had to turn more than half over. Get it over with and then move on. You just don't have a good enough reason to be stuck in a 13 with all its inherent risks.

This is true. If we were trying to keep an asset of some sort, it would be worth it to do a 13 but we aren't. So it stinks to be in that place right between making slightly too much to do a 7 but not making enough to make it worth paying into a 13 (or even being able to with our disposable income).

Thanks guys!