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Why did you say you would be re-affirming "with no recourse"? In general, re-affirming a mortgage means if the debtor stops paying, the mortgage company can get a deficiency judgment for the balance of the mortgage. Otherwise, there would be no point in re-affirming.
Yes - the trustee will allow the Chapter 7 if you are not paying the mortgage. Many Bankruptcy filers are not paying their mortgage.
I think this is what you wanted to know. If not, please let me know.
If you re-affirm your mortgage, it will not be discharged - whether or not you continue to pay the mortgage, and whether or not you get a modification. Re-affirmation means the debt survives a Bankruptcy as if there had been no Bankruptcy. However, defaulting on the mortgage will not affect the discharge of your other debts.
Not paying the mortgage and eventually having a foreclosure will not be seen as an abuse of the system.
Was your household income more than the median, so that you had to fill out the rest of the Means Test beyond line 15?
If so, was there an amount listed on line 21?
I will opt out of this question so that someone else can help you further.
Is anyone going to answer after my last entry?
Your question is available for any other Bankruptcy Law expert to answer.
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