What bills can be included in chapter 13? Can water, lights and gas and pay day loans be included? 30 Answers as of January 16, 2014

Can these bills be included in a chapter 13?

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Stephens Gourley & Bywater | David A. Stephens
They can be included although the utilities may require a deposit if you discharge their bills.
Answer Applies to: Nevada
Replied: 1/16/2014
Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
All of them.
Answer Applies to: New Jersey
Replied: 1/16/2014
J. Baron Groshon, P.A. | J. Baron Groshon
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.
Answer Applies to: North Carolina
Replied: 1/16/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
EVERYONE, and I mean everyone you owe MUST be listed. All those debts are dischargeable but talk with an atty about the need to post a security deposit for utilities and the games pay day lenders play.
Answer Applies to: New York
Replied: 1/16/2014
David Kass | David Kass
All your bills are included, a 13 is a monthly repayment plan.
Answer Applies to: New York
Replied: 1/16/2014
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    All current debts are to be included but the ongoing type of bills, like utilities, are part of your budget.
    Answer Applies to: Colorado
    Replied: 1/16/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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.
    Answer Applies to: Nevada
    Replied: 1/16/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    The amount you are behind can be included, and in general the entire pay day advance can be included. But any power, lights, etc., going forward would have to be paid by you.
    Answer Applies to: Michigan
    Replied: 1/16/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    Yes, all of those bills (delinquent utility bills and payday loans) can be included, as well as credit cards and medical bills, in a Chapter 13. As for the delinquent utility bills, your gas and electric utility companies are allowed in Pennsylvania to charge you a reasonable security deposit however (based upon your recent usage) which you may have to pay them sometime soon after your case is filed. That security deposit will be held by the gas and electric utility for a period of time following your case filing to ensure that you are current on your post-petition payments.
    Answer Applies to: Pennsylvania
    Replied: 1/16/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    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.
    Answer Applies to: Oregon
    Replied: 1/15/2014
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    All of them.
    Answer Applies to: Michigan
    Replied: 1/15/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    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.
    Answer Applies to: California
    Replied: 1/15/2014
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    You may include any past due amounts, or arrearage, with your gas, water and power company into your Chapter 13. However, you need to be current going forward on those bills. Also, you may include your pay day loans as well.
    Answer Applies to: Alabama
    Replied: 1/15/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, but chapter 13 may be paying all or some of the debt, speak to your attorney that you retain.
    Answer Applies to: New York
    Replied: 1/15/2014
    Law Offices of Marc Weinberg | Marc Weinberg
    Everything can be included in a Chapter 13, it is just a question of which Class and percentage of payment.
    Answer Applies to: California
    Replied: 1/15/2014
    Kirby G. Moss PC | Kirby G. Moss
    If the bills are old bills, you would want to include them and yes, payday loans must be included. If the utilities are for current services, you wouldn't include those as they need to be paid to keep service.
    Answer Applies to: Indiana
    Replied: 1/15/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    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.
    Answer Applies to: California
    Replied: 1/15/2014
    MCBRIDE LAW OFFICE | Robert E. McBride
    If an unpaid bill for water, sewer, street lights, electricity or natural gas creates a LIEN on your real estate, and if you intend to keep the real estate, then you will need to pay the bill in order to remove the LIEN. In many municipalities unpaid water, sewer and street light bills DO create LIENS. Unpaid bills for electricity and natural gas do NOT create LIENS in most municipalities. Your bankruptcy attorney will know if you must pay a bill to remove a LIEN and will prepare your Chapter 13 Plan accordingly.
    Answer Applies to: Pennsylvania
    Replied: 1/15/2014
    Michael B. McFarland, P.A. | Michael B. McFarland
    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.
    Answer Applies to: Idaho
    Replied: 1/15/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby 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.
    Answer Applies to: Colorado
    Replied: 1/15/2014
    David Andersen & Associates PC | Jeremy Shephard
    Yes, up to the date of filing. Water, electric or gas may require a security deposit for future use.
    Answer Applies to: Michigan
    Replied: 1/15/2014
    Idaho Bankruptcy Law | Paul Ross
    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.
    Answer Applies to: Idaho
    Replied: 1/15/2014
    LAW OFFICE OF DAVID A. KUBAT
    LAW OFFICE OF DAVID A. KUBAT | DAVID A. KUBAT
    Yes. All those overdue bills can be included in a Chapter 13.
    Answer Applies to: Washington
    Replied: 1/15/2014
    Archer & Archer | Andrew Archer
    That depends on your unique situation. Usually water must be paid. However, you can include electric bills but you may be subject to a deposit approximately 20 days after filing.
    Answer Applies to: New Jersey
    Replied: 1/15/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Water, gas, electric, and pay day loans can all be included in a Chapter 13 bankruptcy filing. You would end up paying back a percentage of these debts based on your budget and a federal calculation of your disposable income per month. At the end of your bankruptcy, the remaining balance on the debts would be discharged.
    Answer Applies to: Ohio
    Replied: 1/15/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    You can include all your bills in a 13 though some may be nondischargeable.
    Answer Applies to: South Carolina
    Replied: 1/15/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    Yes, any bills that are owed on the day your bankruptcy is filed must be listed. Debts which are for a specific item such as a house or car can be reaffirmedwhich means that you enter into a new agreement to continue paying for the item if you wish to keep the item. Bankruptcy is complex and speaking with a qualified bankruptcy attorney about bills that are listed and included in your discharge will be very helpful for you.
    Answer Applies to: Arkansas
    Replied: 1/15/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    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.
    Answer Applies to: California
    Replied: 1/15/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You must include all debts. Yes, utilities may be included but only if they are not ongoing expenses, i.e. your current residence.
    Answer Applies to: Nevada
    Replied: 1/15/2014
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