Two Chapter 7 Questions - Relates to Schedule J

[Txdebt]

Waiting for my attorney to call me back and answer but figured I would see what people here would say:

1) If I miss two payments on my car prior to filing BK, can I still include the car payment on my expenses in schedule J or will they lift the stay, repo the car and then I can no longer include it? My understanding is even if I do not intend to reaffirm I need to keep current, is that correct?

2) When calculating my taxes - do I figure what was taken from my paycheck, or do I use last years tax return? Last year I paid hardly any taxes because I owned that I had dumped money in to without it doing well, so there were lots of deductions. This year I do not own the business, so my taxes are higher.

[LadyInTheRed]

1) If you plan to keep it, include the payments on Schedule J. The lender might petition to lift the stay, but you can't file your petition based on what might happen. More likely, the lender will wait until your discharge. So, get caught up before then.

2) Schedule J (or is it I) should include your actual annual tax liability divided by 12.

If your attorney tells you something different, please post again to correct me.