Do debts past the statute of limitations need to be included in a chapter 13 filing?

That would be a no.

I have seen this question from you on several social media sites. The problem is you assume that the statute of limitations in your state applies to all of your debt. The reality is this assumption is incorrect. Many creditors have a clause in the small print that says that the applicable law that applies is the state where the creditor is located. Often that is Delaware or North Dakota. If you take a risk that you are right and your attorney is wrong, the debt could still be collected. BTW, if a claim is filed in a Chapter 13 on a debt outside of the statute of limitations, your attorney can object to it and the creditor will have to pay your attorney?s legal fees. So I still don?t understand why you are so adamant against taking the legal advice from the great attorney you hired to represent you. He is really looking out for your interest and frankly, I would be telling you to take your retainer check and head over to the worst sleazebag attorney down the road who will be your minion, because I represent clients who appreciate my expertise.

I am a "belt & suspenders" kind of lawyer. Include ALL debts, regardless!

Unless you are sure that the debt is past the SOL, I'd advise listing it. Many credit card contracts and other debts have provisions that apply the law of a different state to the debt. That would make the SOL in that state apply. If the debt is past the SOL, the trustee will challenge claim and it won't be paid in the Chapter 13. Listing a debt on your schedules does not reaffirm the debt.

Generally be effective a bankruptcy is to make the debt which is in the bankruptcy uncollectible, and that the creditor is no longer allowed to take creditors actions in order to collect. The statute of limitations in Michigan is normally six years. I would most strongly suggest that you counsel with a bankruptcy practitioner prior to the time that you do anything. You clearly do not understand all of the law and therefore could make a very major mistake.

This is a question to ask when you go to an attorney for your Chapter 13 consultation. Much depends on what they have done to collect. Generally, all possible debts should be included in a Bankruptcy filing. Filing the bankruptcy doesn't change whether you owe or not, or the statute.

You are required to list everyone to whom you owe money. The law does not say to list only those who still have a legal right to collect from you. You must list EVERYONE.