QUESTION

Do I need to add mortgage payment to schedule J even though we haven't been paying our mortgage?

Asked on Mar 25th, 2013 on Bankruptcy - Colorado
More details to this question:
We are filing for bankruptcy chapter 7 and our home is currently being foreclosed on.
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7 ANSWERS

Insurance Attorney serving Redlands, CA at Orrock, Popka, Tucker & Dolen
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Yes. You would list your current mortgage payment. As long as it is not discharged, you are obligated to pay it.
Answered on Mar 26th, 2013 at 6:45 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You cannot continue to live without paying something for housing expenses, so I would indicate an estimate of the cost of renting and enter the fact that this amount is estimated on line 19 of Schedule J.
Answered on Mar 26th, 2013 at 12:34 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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You need to include all debts in the schedules.
Answered on Mar 26th, 2013 at 12:33 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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The answer changes depending on the facts and your needs. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.
Answered on Mar 26th, 2013 at 3:46 AM

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Bankruptcy Attorney serving Las Vegas, NV
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Yes, you add all secured debt payments whether you are making the payment or not.
Answered on Mar 26th, 2013 at 3:09 AM

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Schedule J should list all future monthly average expenses. If you are not paying your mortgage, estimate what amount of rent you will be paying.
Answered on Mar 26th, 2013 at 3:09 AM

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Deborah F. Bowinski
Your Schedule J should reflect what your expenses will be going forward.
Answered on Mar 26th, 2013 at 2:19 AM

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