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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
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: 7 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 7 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.


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