Can you include a stop payment check in bankruptcy

[BoxerLover]

Hi,

I am currently in a Chapter 13. I am going to convert to Chapter 7. Looks like I won't be able to convert until July 7 though because i have to make sure my mortgage is current. My question is, I know when you convert you can include any "new debts" that have occured, medical bills, etc....question is, I stopped payment on a check because my checking account balance was off, someone who wrote me a check bounced it, causing all kinds of fees on my end, and I inturn stopped payment on an outstanding check I had to avoid additional fees. Can I include this in my bankruptcy and can it get discharged. Certegy is who is trying to collect on it.

[IamOld]

Boxer - may I ask a question - if you are/were having the arrears in your Ch 13 paying the arrears in the mort - just mechanically - administratively - how would catch up the mort? Did you just call mort co and ask how much you need to pay and you just pay it to them directly?

[BoxerLover]

I pay my mortage outside of the plan. I have been working on trying to get a loan modification. I requested a reinstatmeent letter and it confirms the amount of payments I'm behind and they confirmed they'd spread the negative escrow over 60 months. I would send payment directly to the mortgage company. I have to be current prior to converting.

[IamOld]

I pay my mortage outside of the plan. I have been working on trying to get a loan modification. I requested a reinstatmeent letter and it confirms the amount of payments I'm behind and they confirmed they'd spread the negative escrow over 60 months. I would send payment directly to the mortgage company. I have to be current prior to converting.

Thanks so much - I too pay the mort outside of the plan and am "only" two months behind...so did you get your atty involved in the mechanics of dealing with the mort co, or did you do the work yourself? I actually received a modifications about early fall last year, and if I could come up with two months payment, I'd pay it now if I could...

But I also see sometimes conflicting info as to how Trustees pay claims - some - it seems - (after paying atty's fees of course!) they start paying secured creditors first - if this is the case, in a couple of months my arrears would be taken care of...but I'm not sure if this is the case here where I am...

THank you again for your message back to me!!! As long as mort co is willing to take payment for the arrears directly from you...

[BoxerLover]

I think I found my answer. I think it is no. It could be considered a criminal offense.