I have a question about 13

[mccauley1624]

I am not the person filling chapter 13, a friend of mine is. I have a question about the money i had loaned him 4 years ago. He had been going through financhal problems at the time and i had helped him (6,000 worth) to get on his feet. Fast foward 4 years. He has got behind on his mortgage ect...So he decided to file chapter 13. He has always told me, i will pay you back and so on. Me being the nice person i was..said ok. Well i had asked him a week ago (knowing he had filed bankruptsy) if he had included me. He has said no. He could not file on personal loans and stuff that he could not prove to me. He said i would have not got paid back if he had included me. For some reason, im having a hard time believing him in this. I dont know much about chapter 13 except you pay back everything and get to keep your belongings. Can anyone help me out on this issue, because until then i don't have a leg to stand on because i dont have a clue as the fact of which would come out of my mouth.

Please Help!! TIA

[dscurlock]

I am not the person filling chapter 13, a friend of mine is. I have a question about the money i had loaned him 4 years ago. He had been going through financhal problems at the time and i had helped him (6,000 worth) to get on his feet. Fast foward 4 years. He has got behind on his mortgage ect...So he decided to file chapter 13. He has always told me, i will pay you back and so on. Me being the nice person i was..said ok. Well i had asked him a week ago (knowing he had filed bankruptsy) if he had included me. He has said no. He could not file on personal loans and stuff that he could not prove to me. He said i would have not got paid back if he had included me. For some reason, im having a hard time believing him in this. I dont know much about chapter 13 except you pay back everything and get to keep your belongings. Can anyone help me out on this issue, because until then i don't have a leg to stand on because i dont have a clue as the fact of which would come out of my mouth.

Please Help!! TIA

I dont know about him not being able to include you in the BK, not sure, but after 4 years he has not given you a dime, thats a good clue you will never be paid back, wait til he files bk, and if you are not included, then take him to small claims court...and again, if he does not have the money, you still may not ever see anything.

[treehugger1]

From what I was told, any unsecured creditor can be included. However, if you file a claim you would need to provide evidence. Did you sign any type of note? Do you have a copy of the cancelled check. I'd ask your friend to check with his lawyer and see if it is still possible to have your claim included. Just some ideas.

[mccauley1624]

From what he had told me, he couldn't file on me or his current girlfriend or someone they had owed money for a trailor back in the day because there was no way to prove he had owed that money. He has already filed, and his first payroll deduction was last week. He had also mentioned, that if it were to get out that he did not include me in his bankruptcy that he could possibly go to prison. I feel he's lying to me personally, that he could have included me (even if we had just signed a note beforehand) and that he has no intention on ever paying me back. I had mentioned to his girlfriend that maybe if we get it notorized (a signed aggrement) that maybe he could file that way, and she had said no he couldn't do it that way .. In all honesty i feel him not filling on me had something to do with her. But you guys feel that even tho it wasn't a Written on paper type of debt, that he still could have included me? The sad part about it is, i was willing to work with him and cut it in half and have him pay me say 50 -100 bucks a mth to just show that he's making a attempt, mind you this person makes 20+ dollars a hour and doesn't have that much debt lol

[lrprn]

Your friend didn't include you because he didn't want to pay you back. A debtor who files Ch 7 or Ch 13 can list any debt they think they owe, even without proof they owe it.

You need to contact your friend's trustee and let him/her know that you are a creditor and were left off the creditor's list. Your case will be much stronger if you have anything in writing where he states he owes the debt.

The chances of your friend going to jail over this is about zero, but his case could get a lot closer look by the trustee. Also his bankruptcy case could be dismissed - in other words, his bankruptcy filing will be reversed, he'll lose the protection of the automatic stay, and he'll owe all his debts again.

If you feel your friend filed "in bad faith", you can report him to the US Trustee by following the instructions here - http://www.usdoj.gov/ust/eo/fraud/index.htm

[CindyLou]

If he filed chapter 13 and owed you money whether it was on paper or not he was REQUIRED BY LAW to include you. He will not go to prison if the find out. However, like lrprn pointed out, he didn't include you because he didn't want you to file a claim and have his payment go up!!! There is a chance, however that he did include you and provided a fake address of some sort, which means you "failed" to file a claim and now he technically doesn't owe you money. BK is public record. you can go to www.pacer.uscourts.gov and look up all the details of his case, page by page!!!!! You just need a credit card to sign up for an account and its just 8 cents a page. It'll cost you maybe 6 bucks. Just be sure to search by query and his last name and NOT by reports. You'll see once you get on there. Then either way you should for sure contact his trustee and demand that you be added as a creditor to his case and let them know that you were not notified of the bk until after the fact. You have a right to get paid just like the rest of his creditors are getting paid!!

The way a 13 works it that the trustee takes all of this disposable income and divides is amongs all of those that he owes money to, which should include you!

keep us updated!

[dac67]

No he didn't have to show proof, I owed my dad and I included him, with no proof what so ever, I just said I borrowed "such amount of money" and they wrote it in our plan.

[rrockinggramma]

He needs to amend his petition to include you. It is done all the time. And yes, on the form it asks for evidence, perhaps you withdrew that money from somewhere or wrote him a check? That is proof enough. You will be considered an unsecured creditor and would only get a percentage (same as other unsecured creditors) but it is better than the nothing you are getting now. He won't go to prison, he just needs to amend his petition.

[mccauley1624]

thank you so much guys for the info! How would i go about finding who his trustee is?

[chpxiii]

thank you so much guys for the info! How would i go about finding who his trustee is?

Go to the Pacer site to look up his court documents. The trustee will be listed there.