Payment on Schedule J If Stripping a 2nd Mortgage Lien

[ddddougggg]

Hello,

Here's my situation: Chapter 13, stripping lien on 2nd mortgage. On my schedule J, do I include the 2nd mortgage payment as an expense, or do I leave it off, as I am "projecting" that I will no longer have that expense?

This is relevant to me because if I must include it as an expense AND show enough to afford a payment plan, then the lien is stripped and my $1200 2nd mortgage becomes new disposable income, I'm screwed.

What I'd like to do:
-Do NOT include the payment as an expense on Schedule J
-Show about $500-$700 MDI
-If the motion to strip the lien is granted, yippee.
-If the motion to strip the lien is denied, convert to a 7.

Does the above sound possible, or do I HAVE to include the 2nd mortgage payment as an expense?

I live in California (9th Circuit) if that's relevant to this question.

Thanks,
Doug

[momofthree]

If you're stripping, you do not include the payment on the schedule J. I'm also in CA.

[LadyInTheRed]

Yes, you leave the expense off. My trustee wouldn't even recommend confirmation until the strip was done since it affects the plan.

[biotechsolution]

I don't think you have to worry about it being approved. If you house is underwater, it will be. This is pretty much a black and white question.