Surrendering Home in 7

[CBD5600]

We are planning on surrendering our home in our Ch 7 Bankruptcy. If we state that as our intentions, could that force us into 13 or can we still count our mortgage payments on the means test? We fall below the median income and pass the means test with our current mortgage payments, but I believe we would fail the test with the standard deduction.

Any info is greatly appreciated.

[Beach Bum]

If you're that close to passing the means test, yes you may be pushed into a chapter 13.
Keep the home through the BK process (you must be current on your mortgage payments) and let the bank foreclose on it after your discharge. You will take a double hit on your credit, but you will be able to qualify for a Ch. 7.