QUESTION
Is it possible to add more debt after I file for a chapter 13 bankruptcy?
Asked on Jan 16th, 2012 on Bankruptcy - California
More details to this question:
I filed chapter 13 six months ago, I was a cosigner on a loan, the person can no longer pay the debt, since I'm on top of the loan, I'm responsible, can I add that debt on to my chapter 13 or is it too late?
8 ANSWERS
Bankruptcy Attorney serving Houston, TX
at
Pamela L. Stewart, Attorney at Law
Update Your Profile
The debt should have been included in your bankruptcy as it was a debt you owed at the time you filed. If it was not listed, it is not too late to include it; however, your plan may need to be amended depending on your circumstances. And, the court may want to know why it was not listed originally if you did not list it. You signed your schedules, under penalty of perjury, that were true and correct. Contact your attorney to discuss how it will affect your individual case. Also, dismissing your case and re-filing may be another option.
Answered on Jan 30th, 2012 at 2:36 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
at
Law Offices of Deborah A. Stencel
Update Your Profile
Yes, it is possible. As a co-signer, you should have disclosed this debt and included it when you filed your case. If it was disclosed, all that needs to happen is for the creditor to file a Proof of Claim to get paid along with your other unsecured creditors (after repo and auction, of course). If the creditor does not file a claim after being given notice of the bankruptcy, and you complete the case successfully, the debt would be discharged (assuming you are eligible for a discharge in this case). If you did not list the debt, you will need to file a motion to add a creditor. I am assuming your case was confirmed already.
Answered on Jan 30th, 2012 at 1:21 PM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
The chapter 13 trustee might not allow you to add a creditor after the deadline that was initially set.
Answered on Jan 28th, 2012 at 10:38 AM
Chapter 13 Bankruptcy Attorney serving St. Charles, MO
at
A & L, Licker Law Firm, LLC
Update Your Profile
The debt was already included in your bankruptcy, the plan just said it will be paid by co-debtor. Talk to your attorney about changing it to be paid by trustee. Your plan payment will, of course, go up.
Answered on Jan 27th, 2012 at 8:56 PM
All debts, including co-signed joint debtor obligations, should have been disclosed in the original schedules as required. Check with your attorney to make sure that was done properly.
Answered on Jan 27th, 2012 at 8:46 PM
Bankruptcy Attorney serving Hayward, CA
at
Carballo Law Offices
Update Your Profile
You should have put everything when you filed. You can add debt by amending schedules but it may affect the plan since it is secured debt so you need to consult with your attorney.
Answered on Jan 27th, 2012 at 8:41 PM
Bankruptcy Attorney serving Seattle, WA
at
Symmes Law Group, PLLC
Update Your Profile
You cannot add any new debt to your ch. 13 post filing.
Answered on Jan 27th, 2012 at 4:14 PM
judith runyon
If you were a co-signer on the debt it was supposed to be included in your BK.
Answered on Jan 27th, 2012 at 4:04 PM