In midst of 341 and confused

[2confused]

When I filed a Chapter 7 on feb.22, we only made means test based on our high mortgage. On 341, we stated our intent was to keep the home. Since then, two different people from bk department (at mortgage company)told me that modification dept. won't work with us if we are not behind and basically, if we want any help, we need to get behind. SO, we are now behind. Can this mess up our discharge? I guess I'm confused as to whether I should let trustee know what's going on or what. My attorney said to just stop paying and that is it, but I'm not sure I trust my attorney. If you feel i should stay caught up during 60 days, does it need to be on 1st and 2nd or just 1st?
By the way, I am leaning towards letting house go as it is at least 100 k under.

[diviaruba]

When I filed a Chapter 7 on feb.22, we only made means test based on our high mortgage. On 341, we stated our intent was to keep the home. Since then, two different people from bk department (at mortgage company)told me that modification dept. won't work with us if we are not behind and basically, if we want any help, we need to get behind. SO, we are now behind. Can this mess up our discharge? I guess I'm confused as to whether I should let trustee know what's going on or what. My attorney said to just stop paying and that is it, but I'm not sure I trust my attorney. If you feel i should stay caught up during 60 days, does it need to be on 1st and 2nd or just 1st?
By the way, I am leaning towards letting house go as it is at least 100 k under.

Try to stay current, at least through discharge, DON'T reaffirm, and let it go post-discharge. No reason to stay and pay if you are 100K underwater. But, don't give the 7 trustee or UST any reason to challenge your ability to remain with a 7 by citing post-petition developments (surrendering property, eliminating the mortgage payments and forcing the local housing standard to be part of your calculation).

BTW, the first mortgage holder is far more likely to request a relief from stay if you are behind during the pendancy of your 7. The second probably knows that they are underwater and would get nothing anyway. Pay both, if you can, but I'd certainly focus on the first.