Ch13, surrending house, Schedule J questions

[elster]

Noticed my attorney listed my old mortgage payments in Schedule J, not my rent at my new place (I moved out of house already). But I have read one can list the house mortgage on Schedule J if lender doesn't have the title yet.

Can anyone comment on this? With this logic, I have negative disposable income and would seem not to qualify for Ch13 (Tried for Ch7, passed means test, but UST cited 707b3 - totality of circumstances).

Is it OK to list mortgage payments still contractually due on Schedule J? Technically, my rent is contractually due as well, but it's not a secured payment...

Gavin Elster

[lrprn]

Is it OK to list mortgage payments still contractually due on Schedule J? Technically, my rent is contractually due as well, but it's not a secured payment...

If you've surrendered the house, then whether your lawyer can include your mortgage payment or not on your filikng forms depends on case law decisions in your bk district. Some districts allow it, some don't. It's yet another gray area of the Ch 13 bankruptcy law that's interpreted differently across the country.

[elster]

I think it's allowed in my district. I wonder if could argue for CH7 since I have negative disposable income if I include this way.

Lenders haven't foreclosed yet, the Deed is still in my name. My readings say if the payments are contractually due at the time of filing they can go in Schedule J.