Paying auto loan out of plan Mailing Matrix question.

[sdedalus83]

My auto loan is current with about $800 in equity and I plan to continue to make my regular payments outside of the Chapter 13 plan. Should I include my lender in the creditor mailing matrix?

[dmc-2008]

I think you have to include any creditor in the schedule weather you plan to pay them in or out. I think you have to include all creditors.

[despritfreya]

Regardless of how the creditor is treated, the creditor IS listed both on Schedule D and the mailing matrix. The vehicle is listed on Schedule B and, if there is an exemption that applies, also on Schedule C. However, I am a bit confused. In an earlier thread you indicated you were going to file a Chapter 7. Now you are discussing a 13. Assuming you are filing a 13. . .

It appears you are in Texas. Did you ask a Tx bk attny if payment on the vehicle outside the Plan is even allowed. Most jurisdictions, unless there is a good reason, require payments through the Plan.

Des.

[sdedalus83]

After more research, I realized that I needed to calculate how much my son contributes to my expenses and report it as income. That increased my DMI to $268, so I have to file for chapter 13 instead.

[despritfreya]

After more research, I realized that I needed to calculate how much my son contributes to my expenses and report it as income. That increased my DMI to $268, so I have to file for chapter 13 instead.

So, instead of consulting an attny on how to wait it out, you are willing commit to a 5 year bk?

Des.

[LadyInTheRed]

Yes, please consult an attorney about how to qualify for a Chap 7. If you have to file a Chap 13, you really should hire an attorney. Most, if not all, of your attorney fees can be paid in the plan. I know you have a foreclosure pending. So spend today preparing a list of expenses, assets and debts and your pay stubs for the last 6 months and finding the names of 3 BK attorneys. Then call the attorneys first thing in the morning to make appointments for free consultations. Let them know the date of the foreclosure sale so that they understand the urgency and will schedule an appointment asap. Consulting with attorneys does not mean you can't still file pro-se if that's what you decide to do.