I'm confused about listing expenses

[kl030505]

If I plan on surrendering the house, can I still list the mortgage payment and back taxes on the expense list? I may not have a mortgage payment after move, but I'll certainly have a rent payment that is close to that.


Because we are living on cash only right now, and have been for about a year and a half, there are certain expenses I don't have because I simply can't afford them, it doesn't mean I don't need them (example clothing, home maintainance and repair, etc). Can I list reasonable expenses even though I may not have actually spent money on them in the past 6 months?

Do they really want you to be upside down on expenses/income with a chapter 7? How the heck can you verify that you won't have this same problem again if that is true? If I were to do a reasonable list of expenses, but couldn't include the mortgage and back taxes I will have some disposable income. If I can include the mortgage and property taxes I pretty much have zero disposable income, or negative income. I'm so confused as to what to put down!

We are below the median income for the state.

[lrprn]

If I plan on surrendering the house, can I still list the mortgage payment and back taxes on the expense list?

The answer depends on the bk district and how the district's local courts have resolved this issue either by adopting case law or by custom.

The most recent case law decisions have allowed filers to list the costs of assets they intend to surrender on the Means Test and Schedules.

Ask your lawyer how this situation is being handled in your local court.