do i have to be current on my mortgage before i file?

[JOEYBOY]

Thinking about filling for chapter 7 my mortgage is up to date , but is second is not
Balance of my 1st $398,000.00 property value at $ 400,000.00
Balance of my 2nd $65,000.00
do i have to be current on my 1st and 2nd to file?

what should i do? file for chapter 7 and try to negotiate with the back on the 2nd
or do i chapter 13

[MSbklawyer]

Are you sure your house is worth $400k? If it's not worth more than the amount of your first mortgage, you could strip off the second mortgage and get rid of it entirely.

But no, you do not have to be current on your mortgage to file. Whether you should go 7 or 13 depends on the answer to the above and whether or not you want to keep your house and, of course, whether you even qualify for 7 base on your income.