Here's my situation:

1. Currently renting from a good friend in State #1 - Working in State #1 because transferred years ago and did not sell second home below (#2)
2. Have a second home State #2
3. Have another property - no mortgage - just land
4. $45k unsecured debt
5. Mortgage on #2 above $298k
6. Have a full time and part time job
7. Enough to pay the mortgage on #2 above and most of my credit cards/personal loans, however scrimping by for car expenses, food - yeh lots of Top Ramen noodles and macaroni - well not that bad but close to it.
8. Contemplating filing for BK-13 --Atty I consulted with said since I want to keep both properties out of state, I would have to be in a 100% plan.

OK here's the question:

After taking the official "Means Test" what if it shows that I can pay my creditors over 60 months for just $100.00/month?

If I do the math correctly, 100 x 60 months = $6,000 or 13 percent of the outstanding credit card debt owed (45k).

1. Will the judge approve a 13 percent plan? or
2. Will the judge force me into a Chapter 7?? (I'm confused because I do have the income to pay and maybe the mortgage can be modified to lower my montly payment to them, thus freeing up more cash for the unsecured debt.) But if I DON'T PASS THE MEANS TEST FOR A CHAPTER 7, how can I pay into a Ch 13 if for arguments sake I only have $100 a month left for the plan?

***Your experiences, thoughts and comments are always appreciated. I've learned so much from all of you. :)

Ok, let see If we can sort this out. If your attorney is saying you would be in a 100% payback, that means that you will pay back 100% of your debt, not 13%.

Usually if you are filing a 13 to keep property it has no bearing on whether it becomes a 100% payback.

Now, if you do not have sufficient funds to pay a chapter 13, then they would not force you into a chapter 7, they would force you to dump one of your properties if you want to file.

Please, anyone correct me if I"m wrong. But I think you may have misunderstood your attorney.

Cindy