Question

[paulf8]

If I want to file chapter 7 can i use my first and second mortgage to calculate the means test,I havent payed my second for a year now and my first is underwater

[justbroke]

If I want to file chapter 7 can i use my first and second mortgage to calculate the means test,I havent payed my second for a year now and my first is underwater

While most Districts now have caselaw which says that you can include those calculations in the Means Test... it won't save you from a presumption of abuse from the U.S. Trustee.

On your Schedule J, not your Means Test (Form B22A), you would only put the mortgage that you'll continue to pay. Therefore, this may create more disposable income for you and push you into a Chapter 13.

This is not the case in all Districts. You'll have to see what your local customs are on including payments for debt that you're going to discharge, in the disposable income calculation on Schedule J.

[2manybills]

That's correct JB, the only question to my attorney from the TT's office was "Were we going to keep our house?". They were looking to see if there would be any DMI if we weren't keeping our house. We are and have been making all payments regarding the house.