I can qualify for a 7 if I continue to pay the high mortgage. But I don't want the house. If I don't have the mortgage then I am in a 13. Is there anyway around this? I was thinking I could keep payingthe mortgage then after the 7 is done I could just not reaffirm. What do ya think?
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As long as you don't reaffim the mortgage, you can just walk away at a later time.
Good Luck!May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
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But do I HAVE to stay current on the mortgage? I might have to be late in order to pay the atty so I can file when I need to. Which is July.Comment
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You need to be current in order to file a ch 7.Originally posted by Justpoor View PostMay 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!! Comment
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Ugh! I guess instead of food shopping we will clean out the pantry for a few weeks. Thank you very much for the advice. I emailed my attorney twice this past week and he hasn't gotten back to me.Comment
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Originally posted by liz417 View Post
Actually you do not need to be current in order to file a ch 7Thank you all so much for all the information I have received on this forum.
Chapter 7 filed 04/02/2009
341 Meeting 05/19/2009
60 day club awaiting discharge
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one for yes and one for no. Crap. Any tie breakers?Comment
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I think she meant you need to be current to reaffirm.Originally posted by dgjmj View PostFiled 5/29/09
Discharged 9/14/09Comment
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That would be great because I don't want to reaffirm! Thanks!Comment
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Yes, you need to be current *if* you are keeping the house, the OP stated that they wanted to use the mortgage as an expense in order to qualify for a ch 7, then walking away from the home. (withour reaffirming of course).
No, you don't need to be current if you are giving up the house and filing a ch 7, but I really don't know if you can use the mortgage as an expense then, you may have to use the Housing Allowance given for you district (not sure how that one works, I read many posts that people use the mortgage eventhough they are leaving the house...don't know, sorry).
Good Luck!May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!! Comment
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I think it depends on the district.
Some have ruled that all secured debt with future payments scheduled can include the scheduled payments, even if not making the payments, as an expense.
Some districts require you to be making the payments and current.
In my district, though I did not own a home, you could use the payment on secured debts, even if not making them.
MY old LL did, hadn't made the payment for 8 months prior to filing ( Stopped paying in Jan, Filed in August.) and used the payment on the means test.
You will have to ask your lawyer what flies in your district.
So yes, and no can be correct answers I believe. Best to talk to your attorney about it..Comment
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Thank you all. I wish my attorney would contact me. I'm going crazy. I appreciate all the help very much!Comment
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