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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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My mother passed away April of this year with her home solely

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My mother passed away April of this year with her home solely in her name. However, she gave the house to me and my two siblilings. Currently, myself and sister reside in the home and I am making the payments on the mortgage of 1,934 a month. The house is upside down by 125k. I know this started out sounding like a probate question however, I am planning to file bankruptcy and I wanted to know if I can claim the mortgage payment as apart of my monthly gross expenses. If I can it will allow me to file Chapter 7 instead of 13. I owe over 50k in debt and for me to keep the house this is the only way out. I have got one lawyer telling me as long as I can show that I am making the payment on the house I can use it as an asset even if title is not in my name. Also, a probate is open and I am the executor the mortgage bill come in the estate of and c/o me. Also, I am paying the property taxes as well. Sorry for the long story just want to make the right decision. A
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 4 years ago.
Hi Hoops:

I'm not sure if you will find a rock solid answer to that since the Means Test is a hot bed of litigation and cases are all over the place. My take is: if you live there, you are inheriting it, you pay the property taxes, and you make the payment, then it should reasonably count on the Means Test. I would certainly include it on the Means Test for one of my clients, and I would warn them it is sketchy but I would not expect any problems.

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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