am i wrong in thinking this

[B65]

The lawyer said not paying the mortgage and surrending will not affect the bankruptcy, I do not really trust him, My mortgage was due today and I am still unsure what to do..... because the lawyer had said way in the beginning that UST could challenge the Houshold of 5 and make it a 13, I just worry that if I do not pay the mortgage and wells fargo file a motion to lift the stay it will prick up the UST's ears and he will delve and say.. well now they will not have the mortgage payment we could make them a 13..or he may say I am not going to let them be HH of 5 etc... I am just so scared of that... I am wondering if i should just pay this month and tell the lawyer we are not surrendering...... and then just not pay when case is closed... maybe I could start to skip in Jan as it will be very close to discharge and they might not file a motion for being 3 weeks late... do not know what to do...LOL! I do not want to pay this month but scared I will mess things up.

B
341 was a week ago.

[Haddit]

I'm not sure that not paying the mortgage one month can have any affect on whether you're a ch 7 or 13. That is based on the means test, and it sounds like your means test has already been submitted. And the means test includes a local standard number for living in the area where you reside, and doesn't take into account whether you are actually making the payments or not.

I'm certainly no expert, so this is strictly my opinion based on my very limited knowledge. Maybe someone else can correct me if I'm wrong. But I'd be surprised if the mortgage company can or would try to do anything after one missed payment.

[B65]

Hi

we were under median for a family of 5, 2 of my children are full time students so lawyer had said when we filed, UST could try to make it a HH of 3 and then we would be 15k over median and he may try to make us a 13. right now one week past 341 nothing has been said about HH 5 i just dont want to rock the boat.

B

[B65]

also

My Mortgage payment is around 1400 more than the "allowance" for my state, and they have to include that. so we would need to show that if we had issues.

[Help!]

Based on my experience with the UST, you're not paranoid in thinking this is a possibility. If you file with your mortgage payment on schedule J and it becomes obvious that you're not keeping the house, the UST (if inclined) could adjust your housing expense on schedule J to be the IRS standard for your area. If this gives you some large net monthly income on schedule J, yes - the argument could be made that you have the means to repay at least a portion of your debt.

If getting out from under your mortgage(s) is the right thing for you and your family, be honest with the attorney and trustee about it to ensure that you are protected from any deficiency. You may or may not be held to the IRS standard for housing, but it is more likely if you don't have any documentation to support your actual housing expenses.

For example, you could put together an estimate of what your expenses are expected to be if you rent. Include the rent, moving expenses, utilities, hook-up fees/deposits for utilities, rental deposit, renter's insurance, household expenses (for things like blinds/curtains in the rental, cleaning supplies), etc. and you might find that your schedule J net income doesn't look much different than it did with the mortgage payment.

If you can, get real numbers by finding rentals in your area and getting a written estimate from landlords. Contact actual utility companies to find out what the connection fees and deposits really are. Get an insurance estimate from an agency that offers renters insurance. Stick these in a folder, and if you're questioned about the numbers you put in schedule J for renting you have documentation ready to go.

[B65]

I agree

the rents are a lot less here right now so that would not work for me,
I think the attorney said it was no problem because we were under median, so it would not affect our bankruptcy, but if truth be told, the UST can come in at anytime and challenge our filing of a household of 5.. I think we should just continue to pay as normal as we can afford to pay it....... just not save anything and re-evaluate the situation when the case has closed....
i feel safer that way.
Thanks B

[subking]

I would suggest keep your house at all cost and continue to make the payments as long as you can, then again thats a huge payment maybe is a good time to get out of that mess and rent. Best of luck.