Will I be forced into a chapter 13 if in foreclosure?

[novayalife]

Hello All,
Well Ive seen several posts on this but nothing too specific. If my house payment is currently listed as an expense in schedule J but I am no longer paying on it, how does the trustee look at that? Is it still allowed as an expense? I mean I will eventually have to rent so would not have that future disposable income for a chp 13. I am really confused and lawyer didnt seem worried. Thougths? Experiences?

[StartingOver08]

This depends upon your district. In my district we could not use the expense if we were not paying it. I am surrendering my house, did not make the payments for several months before filing and had to use the alloted rent expense for my district.

But others have been able to use the expense in other districts even if they are not paying it. Take a look at DingDongs thread: http://www.bkforum.com/showthread.php?t=36855

[OhioFiler]

The worst case is you'd use the IRS standards for your location.

[novayalife]

Whew! I am only a little bit over the irs standard for my area so no biggie i guess. Thanks for the info!