Do you have to include ALL your debts in a BK13? e.g. mortgage? Preferably, the only debt I am inc. is the unemp comp overpayment. I want to continue to pay my other debts myself. I have no balances on credit cards - just mortgage and utilities. Can I pay them myself?
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You need to list ALL debts that you have (credit cards, mortgages, loans, money owed to family, etc.). You cannot pick and choose which debts get included in a bankruptcy filing. Some secured payments (i.e., vehicle, house) can be made outside of your Plan if you file a Chapter 13._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket" -
Here we go again with the ambiguous word "include".
Let's clarify a little:
ALL debts get "listed" in your Bankruptcy Schedules.
The chapter 13 must "account" for ALL debts in some manner.
There is some variation by district, but your question seems to be, what must the Trustee actually pay.
Minimally, the trustee must pay all priority debt (mortgage arrears, non-dischargeable taxes, etc) and all unsecured debt (credit cards etc). You have the option to continue to pay on secured debt directly, i.e. mortgages, car payments etc. However, there is some variation by district. For example, if you are doing a cram down on a vehicle, the payments to the vehicle lender will be paid by the trustee.Comment
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