Freeman Law Group, LLC | Derek Freeman
Yes you can include them in your chapter 13. In fact, you are required to list all debts. A pawn is a debt secured by the item you are pawning, so you must list it in your petition. However, you mentioned that you are 30 days late in making a payment. You need to determine whether your pawn loan is in default, and if so, whether title has passed to the pawn shop. If title has not passed, the chapter 13 will put a stay on the pawn shop's ability to sell the property, and you should be able to include the debt in the chapter 13 plan.
Answer Applies to: Colorado
Rhymer Law Firm | William Rhymer
It depends on your pawn contract and the pawn shop owner. Some will agree to wait and be paid under a Chapter 13, others will not. If it is a "True" pawn contract you cannot make them accept payments in a Chapter 13. It is their choice.
Answer Applies to: Georgia
Ronald K. Nims LLC | Ronald K. Nims
Your rights under a pawn loan in Chapter 13 (or Chapter 7 for that matter, the rights are identical) is to redeem in accordance with the terms of the pawn agreement except that if the redemption period is still open when you file bankruptcy, the redemption period is extended to 60 days after your filing date. Unlike other debts, you can't extend the time to pay the pawnbroker's loan over the 60 months of the plan, nor can you cramdown the loan to the fair market value of the goods. You have to pay the price set out in the redemption agreement, which can include penalties etc.
Answer Applies to: Ohio
Garner Law Office | Daniel Garner
Those loans are secured debt which must be addressed in your chapter 13 plan. You can provide for their payment or surrender the jewelry if you can't afford to keep it. The pawn shop must be listed as a secured creditor and you must describe and accurately value the pawned items.
Answer Applies to: Oregon