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.