QUESTION
Can I add to a chapter 13 once it has been filed?
Asked on Nov 08th, 2012 on Bankruptcy - Arizona
More details to this question:
My husband has a chapter 13 and wanted to add some things to it. Is it possible to add to it once it has been filed?
9 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Do you mean amended? You should speak with your attorney about this.
Answered on Jun 13th, 2013 at 12:56 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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If you need to add a creditor to a chapter 13 shortly after it is filed you should be able to do it. After the plan is confirmed you generally cannot do it unless the creditor consents. What creditor would consent? None except perhaps a taxing authority who will be paid 100%. Most taxing authorities can file as administrative claims claims for taxes incurred after the case was filed but the debtor cannot do this.
Answered on Nov 09th, 2012 at 12:55 PM
It is possible to add debt to a chapter 13 case provided that the debt was one that existed prior to the bankruptcy filing. All debts should be included on your bankruptcy petition.
Answered on Nov 09th, 2012 at 6:08 AM
Yes, you can. You do this by amending your bankruptcy schedules.
Answered on Nov 09th, 2012 at 6:08 AM
Yes. There is a small fee when you add creditors so make sure you add them all at once so you only have to pay it once.
Answered on Nov 09th, 2012 at 6:07 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes. It may be possible depending upon what stage it is in.
Answered on Nov 08th, 2012 at 4:26 PM
Like what? Property or debts? Although you file an amendment in either instance, the process differs depending on what you need to add.
Answered on Nov 08th, 2012 at 4:26 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes an amendment can be filed. It is not a difficult procedure.
Answered on Nov 08th, 2012 at 4:15 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Since you are required by law to list 100% of all your debts and assets I am not sure what you need to add. You really need to talk to your bankruptcy attorney. If you do not have one then consider hiring an experienced chapter 13 attorney immediately. Just the fact that you need to ask this question tells me that you do not understand how the bankruptcy works. To answer your question - amend all your documents to include all the information requested. That includes 100% of all your debts owed on the date of filing your case.
Answered on Nov 08th, 2012 at 4:01 PM