BK 7 exemptions filing in Southern CALI

[liboton21]

do you need that payment on your 2nd to qualify to file Ch-7 ?? If so you better be careful, if the trustee sees you have not been paying it, he could dis-allow the expense, with the assumption you wont be paying it in the future. he can use this as a basis for trying to convert you to a Ch-13.

Even though past due is $850.00 something. I think I will pay this month to be safe. Thanks.

[albacore44]

do you need that payment on your 2nd to qualify to file Ch-7 ?? If so you better be careful, if the trustee sees you have not been paying it, he could dis-allow the expense, with the assumption you wont be paying it in the future. he can use this as a basis for trying to convert you to a Ch-13.

[liboton21]

Ready for filing next week, just quick question. I have an upside down mortgage but I'm am not going to reaffirm and current on 1st mortgage but late since August 09 for 2nd both BofA. I will negotiate the 2nd later after discharge. I have a pending modification from NACA and NACA said just write a letter that they can still negotiate while in "automatic stay" same thing with BofA and lawyer agreed. Now, since I do not have an equity for my homestead can I use system 2 and apply my expected tax refund as wild card under 703.140(b)(5)? I did a lot a search for this just making sure I am on the right track. Thanks in advanced.