? about Mortgage Mod during CH7 & misc. ?

[midwest]

Hi there~ We are a Michigan family and just assembled all of our paperwork to submit to our attorney to file Chapter 7. At first we were going to walk away from our house, but the Mortgage Company (Local bank, portfolio loan ~ not Fannie or Freddy) agreed to a MOD at 3% for 30 years and put the 2 late payments into an off book note at 1%. This dropped our payment $400 thus making our house affordable.

I am still planning on including our house in the Chapter 7, not reaffirming, but staying current - Can I really do that and are there any ramifications of doing so? Does the modified mortgage payment affect our Chapter 7 as far as commitments are concerned?

And 1 more question - My Mom lives with us, although never switched her address to ours as she still has a house out of state, and works part-time at minimum wage. We support her as far as food and shelter goes, but we also pay her for childcare (of which we are behind) Should I include her in the means test? And can I include the amount we owe her in the CH7 ( that way she can at least deduct it from her taxes)? We are a family of 4 not including my Mom and combined make about $72,000.

Thanks for any input!
Midwest

[sunshinepa]

I think you should discuss this with your attorney. Seems to me, you are saying you provide the food and shelter but then you pay her to babysit. That may raise eyebrows with a trustee. Check with your attorney.

Do you need her to qualify or was it just a thought to make the DMI look better??

[midwest]

I think we qualify without, just as we were answering ?'s realized how odd it might seem! Not if you think of it from a nanny point of view, but I could leave it out I just want to be completely honest!!