Is it possible to add more debt after I file for a chapter 13 bankruptcy? 21 Answers as of May 30, 2013

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?

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Heupel Law
Heupel Law | Kevin Heupel
It is possible to add debts after your case was filed provided that it was a debt incurred prior to filing bankruptcy. If the debt occurred after you filed, then no, you cannot add the debt.
Answer Applies to: Colorado
Replied: 2/13/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You were required to list all of your debts when you filed. You can add it in now, that might change your payment. I don't know enough about your file to answer that. You should see a lawyer.
Answer Applies to: California
Replied: 1/31/2012
Law Offices of Pamela L. Stewart | Pamela L. Stewart
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.
Answer Applies to: Texas
Replied: 1/30/2012
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
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.
Answer Applies to: Wisconsin
Replied: 1/30/2012
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
You should consult with your attorney. The debt should have been listed prior.
Answer Applies to: Florida
Replied: 1/30/2012
    Law Office of Louis S. Haskell
    Law Office of Louis S. Haskell | Louis Haskell
    It is not to late. You will need to file motions to amend your schedules and amend your plan. This loan should have been disclosed when you originally filed the petition. If it was not, then you need to have a good explanation as to why it was left off. You will probably need a lawyer, but may have a hard time finding one. It is easier to do a petition the right way from the beginning then it is to clean up a mess later.
    Answer Applies to: Massachusetts
    Replied: 1/30/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    The chapter 13 trustee might not allow you to add a creditor after the deadline that was initially set.
    Answer Applies to: California
    Replied: 1/28/2012
    Joseph Lehn, Esq
    Joseph Lehn, Esq | Lehn Law, PA
    Even after filing your bankruptcy petition, you can add a creditor. You will need to pay an amendment fee to the bankruptcy court when the creditor is added.
    Answer Applies to: Florida
    Replied: 1/28/2012
    A & L, Licker Law Firm, LLC | Tobias Licker
    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.
    Answer Applies to: Missouri
    Replied: 1/27/2012
    Compass Legal Group | Kelly Stairs
    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.
    Answer Applies to: California
    Replied: 1/27/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    That debt should already be in your filling. Otherwise yes you must be sure the debt is included
    Answer Applies to: California
    Replied: 1/27/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Yes you can add it.
    Answer Applies to: Florida
    Replied: 5/30/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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.
    Answer Applies to: California
    Replied: 1/27/2012
    North Sound Law, PS
    North Sound Law, PS | Spencer Bergstedt
    As long as it is a pre-petition debt, that is one you incurred before you filed you bankruptcy case, you can amend your schedules to include the debt. There is a filing fee for doing so, but it is minimal.
    Answer Applies to: Washington
    Replied: 1/27/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If your case has not been closed, then you can amend your petition and add it.
    Answer Applies to: New York
    Replied: 1/27/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You need to contact your attorney to have the creditor added onto your Chapter 13 petition. The court will charge a fee to add the additional creditor. Your attorney must also look and see if adding this debt to your plan presents any payout problems for your case.
    Answer Applies to: Georgia
    Replied: 1/27/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Well, this debt should have been added to your case. All of the debt should have been listed. But yes, you should be able to add debt into the chapter 13 plan.
    Answer Applies to: California
    Replied: 1/27/2012
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