QUESTION
Can back child support, car loan and payday loan be included in chapter 13?
Asked on Mar 25th, 2013 on Bankruptcy - California
More details to this question:
My husband and I are thinking about filing chapter 13. He is behind on child support through Child Support Recovery in Georgia, which is $250.00 a month. My step-daughter is now 20 years old and is living on her own. My husband owns about $16,000.00 in back child support to the mother. Can I put his back child support on the chapter 13 if it is through a State Agent in Georgia? I also have debt I am going to put on the chapter 13 too. I have 2 Car title loans and 3 payday loans. Would we be able to put all of these on our chapter 13?
7 ANSWERS
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
Child support arrears, car loans and payday loans can all be included in a chapter 13 payment plan.
Answered on Mar 26th, 2013 at 2:38 PM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
Yes, Yes, and Yes.
Answered on Mar 26th, 2013 at 1:48 PM
2 Awards
You can provide for payment of the child support through a chapter 13 plan. However, you will have to pay 100% of the claim within the five year limit. The car title loans must also be paid as they are secured by your car. You can discharge the pay day loans.
Answered on Mar 26th, 2013 at 1:48 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
All debts must be included in any bankruptcy. Some will need to be paid through the bankruptcy and others can be discharged. A chapter 13 bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Mar 26th, 2013 at 1:48 PM
Deborah F. Bowinski
Child support is not dischargeable in bankruptcy. The other types of debt you mention would be dischargeable. In a chapter 13 plan your husband would have to make provisions for paying his back child support obligation. You and he should meet with a bankruptcy attorney to help you determine whether bankruptcy makes sense for you both.
Answered on Mar 26th, 2013 at 1:47 PM
Bankruptcy Attorney serving Dallas, TX
at
Polk & Associates
Update Your Profile
Yes, all debts you owe to anybody anywhere in the world should be listed in your Chapter 13 case. Some will get paid and some will get discharged, as your case progresses. But if you fail to list those debts because you're unsure how they'll get treated in your Chapter 13, then that only means that you're still going to owe them after your case is over. Not a good result, obviously. Go ahead and list them, it will save you money in the long run.
Answered on Mar 26th, 2013 at 1:47 PM
Bankruptcy Attorney serving Walnut Creek, CA
at
Alan E. Ramos Law Offices
Update Your Profile
All of your debt, and that of your husband, needs to be listed in your bankruptcy petition. The child support is non-dischargeable, so not only must the arrears be paid in your plan, he will need to stay current during the pendency of your plan.
Answered on Mar 26th, 2013 at 1:46 PM