Do I have to include all loans in a chapter 13? 17 Answers as of July 30, 2011

I know that Chapter 13 has a limit of 336,000$ in unsecured debt. I have less than $300,000 in unsecured debt unless I include my student loans. I intend to repay my student loans at the completion of the chapter 13. What should I do?

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Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
All debts must be listed in chapter 13. There is a limit to the amount of debt to make you eligible for filing. Even nondischargeable debts that you are going to pay, such as student loans, must be listed and dealt with in the plan.
Answer Applies to: California
Replied: 7/21/2011
Judith A. Runyon, Esq. Attorney at Law
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
Yes'
Answer Applies to: California
Replied: 7/20/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
yes
Answer Applies to: California
Replied: 7/21/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
All debt must be included. Ones that do not count towards the limit are ones that are "contingent, unliquidated or disputed." If any of your debts fall into one of these categories you can so mark on Schedule F and it will not count towards the limit. You have to be eligible for Chapter 13 to file Chapter 13. I do not know why you want to file for Chapter 13.... see a good bankruptcy lawyer. There might other ways to get where you want to go.
Answer Applies to: California
Replied: 7/20/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
No.
Answer Applies to: Maryland
Replied: 7/20/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    You have to include all debts in the bankruptcy.
    Answer Applies to: Texas
    Replied: 7/20/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You must include all debts and all assets in any bankruptcy case. If adding the student loans to your unsecured total brings you over the $360,000 limit, then you can't do Chapter 13. Your only options would be Chapter 7 or Chapter 11.
    Answer Applies to: California
    Replied: 7/20/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    All debt must be listed. The statute doesn't distinguish between debt you are going to pay and debt you are going to discharge.
    Answer Applies to: California
    Replied: 7/20/2011
    Cartwright Law Firm
    Cartwright Law Firm | Andrea Cartwight
    By law you are required to list any and all of your creditors including your student loans. If your unsecured debts exceed the limits then you may need to file a chapter 7 first then once you receive a discharge then you can look at filing a Chapter 13 if needed. This is what bankruptcy attorneys refer to as a Chapter 20.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    For purposes of calculating total debt, student loan debt, which is unsecured, still gets added into the equation, regardless of whether its dischargeable.
    Answer Applies to: California
    Replied: 7/20/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You must fill out all the forms completely, accurately and truthfully unless you want to commit perjury and/or bankruptcy fraud and end up in big trouble. That includes reporting all of your property, debts and income. If there is an objection your Chapter 13 case by the trustee or a creditor because of excessive unsecured debts your case will not be dismissed. If an objection is made it will be up to the judge to decide whether or not your case must be dismissed. Many Chapter 13 plans are confirmed although the secured or unsecured debt amounts may be more than the maximum. That depends on the trustee in your area, the creditors and the court. You need to consult with a local bankruptcy attorney.
    Answer Applies to: California
    Replied: 7/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can't leave out debts. Period.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You must include all debt. I believe Chapter 13 makes no arrangements for student loans, and I'm not sure they're classified as consumer debt. Please don't file a Chapter 13 w/o counsel!
    Answer Applies to: Virginia
    Replied: 7/20/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Must include all debts.
    Answer Applies to: California
    Replied: 7/20/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You are required to list ALL your debts and ALL your assets. If this pushes you above the debt limit, then you cannot file a Chapter 13 case. If you qualify for a Chapter 7, you may need to file under that Chapter. In some cases, you can file a Chapter 13 immediately after the Chapter 7 is finished as the discharge of debt in a Chapter 7 case may bring you below the debt limit. If this is not possible, then your only option for bankruptcy protection is a Chapter 11 case. A Chapter 11 case does not have the same debt threshhold as a Chapter 13. However, such a case will be more complex and more expensive to complete than a Chapter 13 case.
    Answer Applies to: Colorado
    Replied: 7/20/2011
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