I plan on filing in about 3-4 weeks. We are undecided whether we want to reaffirm the mortgage right now. If we are undecided, should we go ahead and do a statement of intention? If we decide to not reaffirm at what point could we stop making payments and it not effect our ch7? Should we wait until we are discharged or can we stop after the 341? If we change our mind before the 341 will it effect our ch7 and possibly turn into a 13? I am worried that if we decide and stop paying before the 341, the loss of the house payment on our means test would probably push us into a 13, which I don't want.
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370K Secured Debt / 53K Unsecured Debt
Ch 7 Filed 08/31/09
341 on 10/07/09
Last day to object 12/07/09 - Discharged 12/28/09
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I need an answer to this question also because I am staying in the house until after filing and 341. Anybody got an answer. Thanks to everyone for all the help. -
I would personally wait until after discharge, for the reason you stated. At our 341 we were asked if we planned on keeping the house. If they ask you that and then after your 341 you stop paying, it may cause issues if anyone finds out. It may be a long shot but why take the chance.Originally posted by cfgdag View Post
You still need to do a statement of intention, it's required as part of the filing. Since we didn't plan on reaffirming, instead of checking off one of the three options our lawyer simply wrote in "debtor to retain collateral but continue with payments". This may not be acceptable in all districts but it was in ours.Filed Ch 7 - 07/10/08
341 Meeting - 08/13/08
DISCHARGED! - 10/15/08
CLOSED - 10/20/08Comment
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