Ch 7 mortgage payments
Judge Jury in Riverside ruled that in a Chapter 7 you can still take the
mortgage on line 42 of the means test even if you intend to surrender. I
cannot remember the name of the case at the moment. This does not apply to
Chapter 13s. Nevertheless, I think the safest thing is for the client to
decide what they really want to do with the property after the bk.
Holly Roark
holly@roarklawoffices.com
On Sat, Nov 13, 2010 at 5:35 AM, Hale Andrew Antico wrote:
>
>
> If debtor is not current on secured payments in a 7, isn't the decision to
> keep the house made for the debtor when the mortgage company files Relief
> from Stay? Debtor may not have a decision remaining after the discharge.
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Dennis
> *Sent:* Saturday, November 13, 2010 2:29 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Ch 7 mortgage payments
>
> We usually advise the debtor to not decide whether to keep the house or
> to let the house go until after the Bk.
>
> When the other debt is gone, they often change their view.
>
> Sent from my iPhone
>
> On Nov 12, 2010, at 8:13 PM, vicki temkin wrote:
>
>
>
> If a ch 7 filer is going to let the house go, I think I can't include
> the mortgage payments in the means test because they're no longer paying
> it. Am I right or wrong? Thanks, Vicki
>
>
>
>
> Vicki L. Temkin
> Law Office of Vicki L. Temkin
> 15030 Ventura Blvd., Ste. 19-780
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
> www.vtemkinlaw.com
>
>
>
>
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
Judge Jury in Riverside ruled that in a Chapter 7 you can still take the mortgage on line 42 of the means test even if you intend to surrender.apply to Chapter 13s. Nevertheless, I think the safest thing is for the client to decide what they really want to do with the property after the bk.
Holly Roark
holly@roarklawoffices.com
On Sat, Nov 13, 2010 at 5:35 AM, Hale Andrew Antico <bk.lawyer@gmail.com> wrote:
If debtor is not current on secured payments in a 7, isn't the decision to keep the house made for the debtor when the mortgage company files Relief from Stay?pan>
From: cdcbaa@yahoogroups.com [mailto:
The post was migrated from Yahoo.
If debtor is not current on secured payments in a 7, isn't the decision to
keep the house made for the debtor when the mortgage company files Relief
from Stay? Debtor may not have a decision remaining after the discharge.
_____
The post was migrated from Yahoo.
We usually advise the debtor to not decide whether to keep the house or to let the house go until after the Bk.
When the other debt is gone, they often change their view.
Sent from my iPhone
On Nov 12, 2010, at 8:13 PM, vicki temkin wrote:
If a ch 7 filer is going to let the house go, I think I can't include the mortgage payments in the means test because they're no longer paying it. Am I right or wrong? Thanks, Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903
www.vtemkinlaw.com
We usually advise the debtor to not decide whether to keep the house or to let the house go until after the Bk.When the other debt is gone, they often change their view.Sent from my iPhoneOn Nov 12, 2010, at 8:13 PM, vicki temkin <Vtemkin@yahoo.com> wrote:
If a ch 7 filer is going to let the house go, I think I can't include the mortgage payments in the means test because they're no longer paying it. Am I right or wrong? Thanks, VickiVicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph: (818) 501-4658 / Fx: (818) 501-0903www.vtemkinlaw.com
The post was migrated from Yahoo.
If a ch 7 filer is going to let the house go, I think I can't include the mortgage payments in the means test because they're no longer paying it. Am I right or wrong? Thanks, Vicki
Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph:(818) 501-4658 /Fx:(818) 501-0903
www.vtemkinlaw.com
If a ch 7 filer is going to let the house go, I think I can't include the mortgage payments in the means test because they're no longer paying it. Am I right or wrong? Thanks, VickiVicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph: (818) 501-4658 / Fx: (818) 501-0903www.vtemkinlaw.com
The post was migrated from Yahoo.