x-post: means test and mortgagES X3 :(

[Wantmypeace]

I posted this in the Ch7 forum, also. I'm not sure where it should go:

In order to pass the means test, I need the 3,000 worth of payments on my 1st, 2nd, and 3rd mortgages. If I let "let the house go" in the bk, then I can't use the mortgage payments to qualify, right? So, then we can't do a 7. My house is worth about 215K, and we owe 145K, 175K, and 45K, respectively on the mortgages. So, how do we handle this? I know we have to list the mortgages in our bk, but do we just re-affirm the debt and then we can use it on our means test? I'm not sure how that works...

[BKParalegal]

You list the property in your bankruptcy with the intent to re-affirm it. After your 341, have your atty, amend your statement of intentions surrendering the house. Done and Done.

Good Luck

[Wantmypeace]

Wouldn't the trustee or someone notice this and force you into a ch.13?

[drowning123]

My attorney listed my house with the intent to re-affirm, but I didn't have that amended and I don't plan on re-affirming. Is that a big deal? I already received my report of no distribution.