Mortgage Payment Expense Means Test Surrendering Home

[dingdong]

Now I'm not sure what happens if the judge denies your reaffirmation on the grounds that it would create an undue hardship on the debtor. Would this mean that you are forced to surrender the home in bankruptcy and this once again opens the door to a "totality of circumstances" argument even though your intention is to keep the home? I haven't come across any cases like this.

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That argument could get circular and ugly if it came up, I bet.

Your Honor, I want to file BK, I can't afford my home, my lender won't work with me, you won't allow me to file BK if I stop paying my mortgage, my lender won't work with me if I am current, if I stop paying no BK, no modification, if I keep paying, I file BK and then lose the home anyway, and no chance of a lender working with me and your Honor might come back and deny my discharge because I walked away post petition and my totality of circumstances has changed.

Yuck!

[NeedNewStart]

Great thread...

I'm barely under the median income, I'm actually right there but will be taking a few days off without pay to push it under. I don't have to take the means test right? I'm under by only a little bit. I'm a few months behind on my mortgage.... should I keep trying to pay it until I file????

[DebtStinks]

I'd run the means test just to see what your DMI looks like. If you show too much DMI on your schedules I think they can force you into a Chapter 13 regardless of that fact that you are under the mean income. It's just that the "assumption" is you will pass and most likely won't have a ton of DMI. But that's just an assumption and your own real numbers will determine if you have the DMI to fund a 13.

[fyi2]

I am in big trouble!
Initially I was going to reaffirm my car and house then after i learned i was 150000 upside down on my house and almost 20000upside down on my car I decided it would be a better choice to include them in the 7. I was barely making the means test and now my husband is unemployed and i am behind on the mortgage and car and 2ndmortgage

I think I read that you have to be current in those to be able to file BK7 and have them included in the means test... I just don't know how i am going to catch up in time to file

I really need those payments in the means test to quilify- Nevada