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    Mortgage Expenses on Means Test

    Hi everyone, Hoping to get some advice:

    We are adding up our mortgage expenses for the Ch 7 means test. Do you add what you actually paid ie: wrote checks for OR

    Do you add what the bills actually were whether or not you paid them.

    For example. We missed Sept's mortgage payment so for the last 6 mths we only physically made 5 mortgage payments.

    Thanks!
    Stopped paying c. cards February 2009
    Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
    Case went without a hitch!
    I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

    #2
    Originally posted by calgirl67 View Post
    Hi everyone, Hoping to get some advice:

    We are adding up our mortgage expenses for the Ch 7 means test. Do you add what you actually paid ie: wrote checks for OR

    Do you add what the bills actually were whether or not you paid them.

    For example. We missed Sept's mortgage payment so for the last 6 mths we only physically made 5 mortgage payments.

    Thanks!
    You should put your actual payments on the means test (ie what the monthly statement ask you to pay). The means test is your monthly expenses, so put what is due each month for your mortgage.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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      #3
      School is correct. It is what you are obligated to pay - not what you actually paid.
      Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

      Comment


        #4
        Originally posted by backtoschool View Post
        You should put your actual payments on the means test (ie what the monthly statement ask you to pay). The means test is your monthly expenses, so put what is due each month for your mortgage.
        The exception to this of course is a home equity line of credit where the minimum due is the interest only. The statement will read one amount but if you historically pay a greater amount you may claim it as such.
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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