thrown into chapter 13?

[sofarindebt]

So let me get this straight, if you are under the median income for your state, you can still get thrown into a chapter 13 if you show disposable income?

Based on our expenses now, we have a $3000 house payment and a $560 truck payment that we are not going to reaffirm, but when we file for chapter 7, do they include those payments or will they first want to know if we are going to reaffirm?

[SinkingFast]

Actually, there has been debate back and forth about that issue.

Some time back, Anon posted a link to a story where the filer's attny made a case for annualizing forward mortgage and car payments even tho the debtor/filer's intent was to surrender the assets. The basis for the arguement was not what you'd actually be responsible to pay post BK but what you are contractually responsible to pay on Secured items such as homes and cars.

Here's a link to that thread:

http://www.bankruptcyforum.com/showthread.php?t=8093

[LostOne0069]

Our chapter 7 was approved with us listing a $670 car payment that we were planning on reaffirming on it... the trustee never even asked about it... And of course now that the trustee has listed us as a no asset chapter 7... we could always decide not to sign the reaffirmation agreement and still get the chapter 7.

Good luck!