Can I Include my Mortgage Payment to Determine my Disposable Income if I am Attempting to Modify the Loan and Intend on Keeping the Property?

Yes.

Affirming In re Salas, 2014 WL 92728 (Bankr. S.D. Fla. Jan. 9, 2014), the district court held that the Chapter 13 debtor, in calculating her projected disposable income, could deduct a first mortgage payment that she was not actually making, where the debtor retained the property and sought to work out a mortgage modification with the creditor. Neidich v. Salas, Case No. 1:14-cv-21236 (S.D. Fla. July 30, 2014), appeal filed, In re Salas, Case No. 14-13768 (11th Cir. filed Aug. 22, 2014).

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