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  1. #1
    Join Date
    Dec 2007
    Posts
    8

    Default Chapter 13 Bankruptcy

    I filed a Chapter 13 bankruptcy around 04/07. I had to get two payday loans in 2007 to pay to have my car fixed. At this time I do not have the money to pay the loans back. I want to know if I can have my Chapter 13 amended to include these 2 loans?

    Also my husband filed chpt 13 around 04/05 and there were some debts on his credit bureau that should have been included in this chpt 13 but weren't for some reason. Want to know if he can file an amended plan to have these debts included. They were all medical.

  2. #2
    Join Date
    Jan 2008
    Location
    Alabama
    Posts
    114

    Default Re: Chapter 13 Bankruptcy

    I filed a Chapter 13 bankruptcy around 04/07. I had to get two payday loans in 2007 to pay to have my car fixed. At this time I do not have the money to pay the loans back. I want to know if I can have my Chapter 13 amended to include these 2 loans?
    As long as you actually incurred these debts prior to the date you filed your Chapter 13 you can amend schedules to include them, however there is an amendment fee associated with doing so. Your attorney can advise you of the amendment fee in your area. Additionally you need to know that depending on what percentage you are paying back to your unsecured creditors, it is possible that adding these debts could change your Trustee payments a bit, again this is something your attorney can go over with you.

    One thing I will caution you on, payday loan debts can be tricky in that even after you amend your Chapter 13 to include these debts the creditor may still try to put your check through, or they may initiate an automatic debit from your account if you signed a document authorizing this when you took out the loan. Once this happens you must then have your attorney get involved in handling it as an automatic stay violation. One thing I have seen in the past is a payday loan place trying to put the check through even though the debt is listed in the Bankruptcy, and the check is returned due to NSF so the creditor then turns the check over to the DA for prosecution as a bad check. You need to carefully discuss and weigh the pros and cons of adding these debts with your attorney.


    Also my husband filed chpt 13 around 04/05 and there were some debts on his credit bureau that should have been included in this chpt 13 but weren't for some reason. Want to know if he can file an amended plan to have these debts included. They were all medical.
    Again providing that these debts were incurred before the date that he filed his Bankruptcy they can be added as well. The same amendment fees will apply, and the same potential for increase in his Trustee payments will apply. He should consult his attorney regarding this amendment.

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