Will my gambling losses be a problem in filing chapter 13? 7 Answers as of November 30, 2015

I'm having to file Chapter 13 to save my house from foreclosure, I'm scared I will be denied because I have gambling earnings about $80,000 which are loses and I had to claim that my income taxes. I make about $100,000 a year from my job. I tried to get a modification for 2 years incurring back mortgage of $50,000. My house is under water of about $50,000, 2nd mortgage about $65,000, son's student loan $40,000, and other debt about $30,000. I had to bury my mother and paid out about $20,000 because she didn't have any life insurance and I incurred her medical debt because I her power of attorney. I want to keep my house because I have invested in it. Do you think I will have a problem or be denied Chapter 13?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
A Fresh Start
A Fresh Start | Dorothy G Bunce
Living in Las Vegas, we see gambling winnings and losses quite often in Chapter 13. If you continue to gamble, and you are lucky, the bankruptcy trustee will expect you to pay more to your creditors. If you continue to gamble and your luck is bad, you may not be able to afford to pay your Trustee and that would mean your Chapter 13 and all its benefits would be lost.
Answer Applies to: Nevada
Replied: 11/30/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The problems you mentioned should not, by themselves, keep you from getting a discharge in Ch. 13. But because there are some problems, I strongly suggest you find a lawyer experienced in bankruptcy issues to advise and represent you. It's almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 11/30/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
No.
Answer Applies to: Michigan
Replied: 11/30/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to see local counsel before you do anything else.
Answer Applies to: California
Replied: 11/30/2015
Garner Law Office
Garner Law Office | Daniel Garner
The gambling losses will not be a problem as long as you can say you have stopped.
Answer Applies to: Oregon
Replied: 11/30/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No but trustee may monitor future tax returns and if continue to gamble may be problem.
    Answer Applies to: Florida
    Replied: 11/27/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Gambling will not be a problem in filing a Chapter 13. From your description, you might be able to strip the second mortgage.
    Answer Applies to: Ohio
    Replied: 11/27/2015
Click to View More Answers: