Surrender house...used mortgage pmt in means test

[canusaybroke]

When our lawyer calculated our means test he used our mortgage payment in the figures. I have read on here that most tt's just ignore it and let it go, but if a tt wants too they can use that money that we arent spending anymore and flip us into a 13?? What is the state median for houseing family of 3 in Northern Ohio? I thought it was $885.....our mortgage payment is $985 so I think we will be ok..I am assuming the TT knows we will have to find a place to live and if the state uses $885 for the median houseing expense then we should be ok since our DMI we used when we filed was only around $73 or so.....anyone with experience in this???

[justbroke]

When our lawyer calculated our means test he used our mortgage payment in the figures. I have read on here that most tt's just ignore it and let it go, but if a tt wants too they can use that money that we arent spending anymore and flip us into a 13??

Yes, then can. They would do this under the "bad faith" or "totality of circumstances" (11 USC 707(b)(3)) reasons.

What is the state median for houseing family of 3 in Northern Ohio?

For cases filed after 3/15/2009, it depends on the County you are in. Ranges from $520 in Noble Country to $1,495 in Delaware County. See http://www.usdoj.gov/ust/eo/bapcpa/2..._charts_OH.htm

I thought it was $885.....our mortgage payment is $985 so I think we will be ok..I am assuming the TT knows we will have to find a place to live and if the state uses $885 for the median houseing expense then we should be ok since our DMI we used when we filed was only around $73 or so.....anyone with experience in this???

That's close, so the Trustee usually doesn't care until that DMI gets to $100+ (presumption of abuse).

What county are you in?

[canusaybroke]

We are in Lorain County...so according to that chart for a family of 3 "rent/mortgage" is $925....so it looks as if we are only $60 less from our payment we would be getting rid of now....

[justbroke]

We are in Lorain County...so according to that chart for a family of 3 "rent/mortgage" is $925....so it looks as if we are only $60 less from our payment we would be getting rid of now....

Great! I don't think the Trustee will have a problem with that. Did that mortgage payment include principal, interest, taxes and insurance?

[canusaybroke]

Yes that included taxes and insurance....

[CH33 Paralegal]

yes, unfortunately you don't get credit for future payments made on an asset that you are surrendering.

[canusaybroke]

yes, unfortunately you don't get credit for future payments made on an asset that you are surrendering.

so then they would use the States district median for size of family correct?

[CH33 Paralegal]

It's actually your county and family size.

[canusaybroke]

Correct....yes.....as seen in the link above it is County.....so my county says $925 for family of 3 and my mortgage is $985 so we are good...