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I am behind in my mortgage payments. Can I list on line 42 of means test? Had to quit paying when unemployment ended.

Taylor, MI |

Income still includes unemployment because you have to go back six months so it shows income we really do not have any longer.

I do not want to keep the home.

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Attorney answers 5


You can deduct the ongoing mortgage payments on Line 42 if you intend to keep the home and maintain making payments. See also Line 43 where you can list the morgage arrearage and get a deduction of 1/60.

Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.



I am not making payments, and do not wan to keep the home.


Yes you can, but there is more to qualifying to file bankruptcy than the means test. If you stumble and make a mistake that you hadn't realized, your case could be toast. Also, you might get more benefit out of your bankruptcy by having qualified legal representation. Even though money is tight, if you have anything worth protecting, such as retirement, insurance benefits, etc, retain an experienced attorney. The small fee you will pay will be worth its weight in gold. Hope this perspective helps!


Yes you can because the debt is contractually due on the date of filing .

This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.


If you intend to catch up and continue to make the mortgage payments then you can include them in the means test. If you do not intend to keep the property then it should not be included.

If your six-month income places you above the median for your state then I strongly urge you to retain counsel to guide and assist you in your bankruptcy filing. This is a very complex and technical area of law and can be quite difficult to navigate without an experienced lawyer.


Yes. If you are having trouble passing the means test for chapter 7, professional advise would be in order.

This answer is not specific legal advise. No attorney client relationship has been established. It is general commentary on the question presented, without the benefit of a full disclosure of all relevant facts. Seek an in-person consultation with a licensed professional.

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