Mortgage and Ch 13 Question

[Freddy01]

Just wondering what happens if you file Ch 13 b/c you are behind on your mortgage is this re-affirming the loan? or can you still walk away after your discharged?

What if you do not want to re-affirm the mortgage can it still go in a 13?

Thanks

[Denita]

Reaffirming the mortgage is a totally different thing then paying your arrears on your home in your Ch 13.

Reaffirming requires a reaffirmation agreement to be signed by the debtor and the mortgage co and filed with the court. If you are in a Ch 13, you are not obligated to reaffirm your mortgage at all. If you are filing a Ch 13, you do not even need to keep your home, unless you decide to keep it. You can surrender your home in a Ch 13 or a Ch 7.

[Freddy01]

Thanks -

I'm still having a hard time deciding if 13 is a better option for my family.

For more questions

When doing the means test Do I include my HELOC with my regular mortgage payment? Or does it not go on the means test at all?

And I know for Ch 7 I have to be current with my mortgage but what about the HELOC? I on a reaging plan. I have to make 3 current monthly payments then they will add the 2 months passed due to the back of the agreement. Would the 2nd have to be current to file Ch 7? I've made one of the 3 payments so far. I'm looking to file 2nd week in Oct.

Thanks again!