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Should I Skip a Couple of Mortgage Payments So I Can Pay For a Bankruptcy Attorney? – Justin

“Dear Steve,

I am going to file bankruptcy and have stopped paying all my credit cards. I still have no money to pay an attorney.

Should I skip a couple of mortgage payments in order to pay an attorney?


Dear Justin,

I don’t think that’s going to help you much. If you want to keep the house in bankruptcy you’ll need to either be current with the house or be able to make the regular mortgage payment plus a bit of the amount you are behind if you enter a Chapter 13 bankruptcy.

If you can’t afford to keep the house, well then, that’s a different matter.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.


You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.

P.S. Be sure to read ‘The Secret of Surviving Through Difficult Economic Times. What I Learned On My Journey‘.

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Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.


    • Justin,

      It is a valid idea but it should only be executed in conjunction with the knowledge of your bankruptcy attorney. You’ve seen three but I like the advice of the last one the least.

      Go back and talk to one of the other two about this strategy.


  • Hello Justin,
    If you’ve already stopped paying your cc’s, and you’re going bk anyway, then by all means, stop paying your immediately, and stash the cash. First of all, you don’t want to file for bk until you’re already deep in the foreclosure process. Yes, let your mtg co. file for forclosure. It will be over five month’s before you get into court, that’s five mo’s of mtg $$. then it will be at least another 60 days, (best case for the lender), before a judgement will be filed and other 30 days or more before your home will go to sale. That’s at least another 4 mo’s of saved mtg $$. At this point, you should be able to pay a bk attorney, file chap 13, and have the bk judge put together a workable plan for you and you family, hopefully allowing you to stay in your home at an overall price you can afford.
    Without going into detail, just let you tell you that I am speaking from my own personal experience, moreover, I’m not a lawyer. So relax, ride the legal train, and enjoy your holiday’s, it can work out for your family…Good Luck & God Bless!

  • I can afford to keep the house, but I have no choice either way, since the cost of a rental big enough for my family would cost the same or only a few dollars less. I’m able to get through from one paycheck to the next, but nothing left over to save for a lawyer. I’m probably going to get sued by creditors soon, since I haven’t paid any since June of this year. I’ve cut out all unnecessary bills/luxuries, food costs to the minimum and still can’t find the cash. I’m not suicidal, but wonder how I ever survived as long as I have, but the economy hasn’t gotten any better and now gas prices are going up again. I used to kid my family that if we didn’t get things under control we would wind up living in a cardboard box, now that doesn’t seem that much of a stretch….

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