QUESTION
What bills can be included in chapter 13? Can water, lights and gas and pay day loans be included?
Asked on Jan 13th, 2014 on Bankruptcy - California
16 ANSWERS
Consumer Bankruptcy Attorney serving Charlotte, NC
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J. Baron Groshon
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You can include all outstanding debts in a Chapter 13 bankruptcy case, including payday loans and unpaid utilities. However, utility companies have certain rights to cut off future service if they are not provided an adequate security deposit. Also, utility bills that come due after the filing of the Chapter 13 petition cannot be included in the Chapter 13 case.
Answered on Jan 16th, 2014 at 4:51 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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All of them.
Answered on Jan 16th, 2014 at 4:50 AM
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All current debts are to be included but the ongoing type of bills, like utilities, are part of your budget.
Answered on Jan 16th, 2014 at 4:49 AM
Bankruptcy law requires you to include every debt when you file. No exceptions, and no distinctions between Chapters. List your water, lights, gas, pay day loans. List your mother, list your mistress, your best friend and your worst enemy.
Answered on Jan 16th, 2014 at 4:49 AM
Yes, all debts are "included" in a Chapter 13 although their treatment during the case may differ depending on the kinds of debts they are. You can keep your utilities on after filing bankruptcy but you must stay current on them after filing or they can still be cut off. Recent payday loans may not be dischargeable but their repayment can be accommodated in your Chapter 13 plan. If they're more than 90 days old they would be considered general unsecured debt.
Answered on Jan 15th, 2014 at 5:16 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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All of them.
Answered on Jan 15th, 2014 at 5:16 PM
Yes, but obviously you will have to pay on-going utilities or they will be within their rights to turn off service. Pay day loans very close to the filing date smack of bad faith, but these companies rarely challenge on that basis.
Answered on Jan 15th, 2014 at 5:11 PM
Chapter 7 Bankruptcy Attorney serving Woodland Hills, CA
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The Law Offices of Marc Weinberg
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Everything can be included in a Chapter 13, it is just a question of which Class and percentage of payment.
Answered on Jan 15th, 2014 at 5:07 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Since you're contemplating a chapter 13 it's best to discuss your situation with an attorney. The success rate for people attempting to do a chapter 13 on their own without an attorney is less than 1%. Potentially all these debts could be included if they are old debts and past due. Discuss this with your attorney.
Answered on Jan 15th, 2014 at 5:06 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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You can generally include all those in any bankruptcy filing; but you generally would not include ongoing monthly utilities if you plan to remain in your present home. If you have substantial arrears on your utilities, you can include them; but often the utility company may be able to demand a deposit to cover future bills. Payday loans may be subject to differing local treatment. In many counties, the local prosecuting attorneys refuse to bring bad check charges on behalf of payday lenders, allowing these loans to be treated like any other unsecured loans. This may not be the case everywhere, however, so you should consult with an experienced bankruptcy attorney in your jurisdiction to make sure.
Answered on Jan 15th, 2014 at 5:03 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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Yes, up to the date of filing. Water, electric or gas may require a security deposit for future use.
Answered on Jan 15th, 2014 at 4:58 PM
Deborah F. Bowinski
When you file any sort of bankruptcy you are required to list/include EVERY debt you have where there is an amount past due or an obligation to pay money owed. If you are considering a chapter 13 bankruptcy, please do yourself a huge favor and hire an experienced chapter 13 lawyer to guide you through the process. They are difficult.
Answered on Jan 15th, 2014 at 4:58 PM
Yes. All those overdue bills can be included in a Chapter 13.
Answered on Jan 15th, 2014 at 4:57 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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ALL Debts must be included in a bankruptcy. Contracts that are current, like your water, lights, and gas do not, unless you are behind on payments. The same holds true for 7 or 13.
Answered on Jan 15th, 2014 at 4:57 PM
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You must include all debts. Yes, utilities may be included but only if they are not ongoing expenses, i.e. your current residence.
Answered on Jan 15th, 2014 at 4:42 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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I always advise my clients to make sure that their utility bills are all paid current and that they owe nothing on gas, electric, water, garbage, telephone, cable, etc. You can include these bills in your bankruptcy; however, the utility can require that you pay a deposit to continue the service. All other debts, including payday loans can be (and must be) included in your bankruptcy petition.
Answered on Jan 15th, 2014 at 4:41 PM