Home / Must All Debts Be Included in Chapter 13 Bankruptcy?

Must All Debts Be Included in Chapter 13 Bankruptcy?

  • You must include all your debts in Chapter 13 bankruptcy to avoid case dismissal or fraud charges.
  • Chapter 13 helps you set up a 3-5 year repayment plan, covering secured, unsecured, and priority debts.
  • Call The Credit Pros for personalized advice tailored to your credit and bankruptcy needs.
List of company featuring our services

You must include all your debts in Chapter 13 bankruptcy. If you don't, you risk getting your case thrown out or facing fraud charges. Be 100% honest about everything.

Chapter 13 deals with your debts through a 3-5 year payback plan. You'll keep up with secured debts like your mortgage, maybe pay some of your unsecured debts, and must pay priority debts in full. Some debts, like recent taxes and student loans, stick around no matter what.

Chapter 13 can be a real head-scratcher. The Credit Pros can take a look at your whole credit picture and give you advice that fits your situation. Give us a ring for a quick, no-pressure chat about your options and how to keep your finances healthy down the road.

What Debts Do I Need To Include In Chapter 13 Bankruptcy

When you file for Chapter 13 bankruptcy, you must include all your debts. This covers secured debts like mortgages and car loans, as well as unsecured debts such as credit cards, medical bills, and personal loans. You also need to list tax obligations, alimony, and child support. While you should include student loans, they're rarely dischargeable.

Your court-approved repayment plan typically prioritizes:

• Secured debts
• Priority unsecured debts (e.g., recent taxes, alimony)
• General unsecured debts

We advise you to disclose everything accurately. If you omit debts, you might face complications or case dismissal. Your plan will likely last 3-5 years, during which you'll make payments to a trustee who distributes funds to your creditors.

Remember, including a debt doesn't guarantee full repayment or discharge. You usually can't wipe out some obligations, like recent taxes or domestic support. However, the plan can help you manage these payments temporarily.

We recommend that you consult a bankruptcy attorney. They'll guide you through the complexities, explore alternatives with you, and help you determine if Chapter 13 suits your financial situation and goals. This approach creates a structured path towards recovery while potentially preserving assets like your home and vehicle.

Lastly, we want you to know that while filing for bankruptcy can feel overwhelming, you're taking a positive step towards regaining control of your finances. By including all your debts and working with a professional, you're setting yourself up for a fresh financial start.

Can I Exclude Certain Debts From Chapter 13

You can't exclude specific debts from Chapter 13 bankruptcy. The law requires you to disclose all debts and assets. If you attempt to omit debts, you risk case dismissal or even criminal charges for fraud. However, you have options to address your specific debt concerns:

• You can use reaffirmation agreements to keep paying secured debts like car loans or mortgages.
• Priority debts (e.g., taxes, child support) receive different treatment in bankruptcy.
• Non-dischargeable obligations (e.g., student loans) remain after bankruptcy.

We understand you might want to protect certain creditors or assets. But trying to hide debts is risky and unnecessary. Instead, we recommend you work with your attorney to develop a comprehensive Chapter 13 plan. This approach allows you to address all debts appropriately while still working towards your financial goals. By doing this, you can:

• Stay compliant with bankruptcy laws
• Avoid potential legal consequences
• Still make progress on debts you want to prioritize

Remember, Chapter 13 gives you flexibility to propose a repayment plan. We can help you explore ways to handle specific debts within the legal framework of bankruptcy. This ensures you get debt relief while meeting your obligations responsibly.

Finally, don't worry - you have options. We're here to guide you through the process and help you find the best solution for your unique situation.

How Does Chapter 13 Handle Different Types Of Debts

Chapter 13 bankruptcy handles different types of debts through a structured repayment plan tailored to your financial situation. Here's how it works:

You'll keep your secured debts like mortgages and car loans current while catching up on any arrears through a 3-5 year plan. For unsecured debts such as credit cards and medical bills, you'll often pay them partially, with remaining balances potentially discharged when you complete the plan.

Priority debts, including recent taxes, alimony, and child support, must be paid in full through your plan. While student loans typically can't be discharged, you may include them in your repayment plan to manage them more effectively.

Interestingly, some debts that aren't dischargeable in Chapter 7 (like willful property damage) may be discharged in Chapter 13, giving you more flexibility.

When you file, you must disclose all your debts, but you'll have some flexibility in structuring your repayment. Your plan will prioritize fully paying secured and priority creditors, while unsecured creditors often receive partial payment based on your disposable income.

• You'll keep your assets, unlike in Chapter 7 liquidation
• You can address various debts over time
• Your plan is tailored to your specific financial situation

Big picture, Chapter 13 offers you a way to manage different types of debt while protecting your assets. We strongly recommend you consult with a bankruptcy attorney to craft the best plan for your unique situation. Remember, you're not alone in this process, and there are experts ready to guide you through it.

Will Chapter 13 Discharge All My Debts

Chapter 13 bankruptcy won't discharge all your debts right away. Instead, you'll enter a 3-5 year repayment plan where you pay a portion of what you owe. After completing the plan, some of your remaining unsecured debts may be discharged. However, you should know that certain obligations can't be eliminated:

• Child support and alimony
• Student loans
• Most taxes

If you have secured debts like mortgages and car loans, you'll typically need to continue making payments to keep those assets. The exact outcome depends on your unique financial situation, income, and specific debts.

Chapter 13 offers you several benefits:

• It stops foreclosure proceedings
• It helps you catch up on missed payments
• It may reduce your overall debt burden

However, it's not an instant solution to all your financial troubles. We strongly advise you to consult with a bankruptcy attorney. They can help you understand how Chapter 13 applies to your specific circumstances. An attorney will clarify which of your debts might be discharged and what repayment terms you can expect. This information will help you decide if Chapter 13 aligns with your financial goals and your ability to repay over time.

Remember, the goal of Chapter 13 is to give you a fresh start while ensuring fair treatment of your creditors. It's not about wiping the slate completely clean, but finding a manageable path forward for you.

Overall, while Chapter 13 won't discharge all your debts immediately, it can provide you with a structured plan to regain control of your finances. You'll have the opportunity to protect important assets and potentially reduce your debt burden over time. We encourage you to seek professional advice to fully understand your options and make the best decision for your financial future.

Professionals can help you with your Credit Score after Bankruptcy.

Let Professionals help you develop the best possible strategy to improve your credit score after bankruptcy.

Call (888) 411-1844

Can I Pay Some Debts Outside Of Chapter 13

When you're in Chapter 13 bankruptcy, you typically can't pay debts outside the repayment plan. The court-approved plan covers most of your obligations. However, there are some exceptions you should be aware of:

• You'll continue making ongoing mortgage payments directly to your lender.
• You'll pay current utility bills as usual, as they're not part of the bankruptcy.
• Any new debts you incur after filing aren't included in the plan.

We advise against paying other debts outside the plan, as it can create problems for you:

• You might violate bankruptcy rules and put your case at risk.
• You'd unfairly favor certain creditors over others.
• It could disrupt your budget and ability to make plan payments.

If you want to pay a specific debt separately, you should discuss it with your bankruptcy attorney. They can advise you if it's possible and how to handle it properly within the rules. In most cases, it's best for you to stick to the approved repayment plan to ensure a successful Chapter 13 bankruptcy.

We understand you may have reasons for wanting to handle some debts differently, but it's crucial that you work within the system for the best results. The goal is for you to reorganize your finances and get a fresh start. As a final point, remember that by following the plan closely, you're taking the best steps to achieve financial stability and a brighter financial future.

How Are Secured And Unsecured Debts Handled In Chapter 13

In Chapter 13 bankruptcy, you'll handle secured and unsecured debts differently. For secured debts like mortgages and car loans, you'll make payments through your repayment plan. We recommend that you keep secured property by continuing payments and catching up on arrears over 3-5 years. You might reduce balances on certain assets through cramdowns or surrender collateral to convert the debt to unsecured status.

For your unsecured debts, such as credit cards and medical bills, creditors will receive a percentage based on your disposable income and nonexempt assets. The amount you'll pay can vary from a small fraction to 100% for high-income filers. You'll need to pay priority unsecured debts, like recent taxes, in full.

Key points you should consider:
• Which of your debts must be included in the plan
• How your payment amounts are determined
• The impact on keeping vs. surrendering your assets
• Potential debt reductions you can achieve through cramdowns
• How your priority unsecured debts will be treated
• The discharge of your remaining unsecured balances after plan completion

Understanding these nuances will help you evaluate if Chapter 13 aligns with your financial goals and ability to complete a multi-year repayment plan while retaining important property. We suggest that you speak with a bankruptcy attorney to discuss your specific situation and options.

To put it simply, in Chapter 13, you'll pay secured debts through your plan, potentially reducing some balances, while unsecured debts receive a percentage based on your finances. You should carefully consider which debts to include and how they'll be treated to make the best decision for your financial future.

What Happens To Co-Signed Debts In Chapter 13

When you file for Chapter 13 bankruptcy, co-signed debts receive special treatment. The "co-debtor stay" temporarily halts collection efforts against your co-signers for consumer debts included in your repayment plan. You can structure your plan to fully cover co-signed debts, protecting your co-signers from liability. However, if you don't propose full repayment, creditors may seek court permission to pursue your co-signers for the remaining balance.

It's important to understand that your bankruptcy discharge only eliminates your personal liability, not your co-signer's. To protect your co-signers, we recommend you:

• Prioritize repayment of co-signed debts in your plan
• Make direct payments outside the plan for secured loans like car payments
• Work with your lawyer to design a plan that forces creditors to accept terms shielding your co-signers

While this approach helps maintain relationships, your co-signers will be notified of your filing, which may cause personal complications. Chapter 13 offers more co-signer protection than Chapter 7, as it provides you time to repay debts while shielding your co-signers from immediate collection actions.

Remember, your situation is unique. We strongly advise you to consult a bankruptcy attorney to understand how Chapter 13 will affect your specific co-signed debts and explore the best options for you and your co-signers. In short, while Chapter 13 can offer protection for your co-signers, you'll need to carefully structure your repayment plan to ensure their interests are safeguarded.

Are There Any Debts That Chapter 13 Can'T Discharge

Chapter 13 bankruptcy can't discharge certain debts. You should be aware of the following non-dischargeable obligations:

• Recent taxes you owe
• Child support and alimony payments
• Government-backed student loans
• Criminal fines and restitution

If you want to keep your home or car, you must continue paying secured debts like mortgages and auto loans. Your Chapter 13 plan will require full repayment of priority debts, such as back taxes and domestic support.

While Chapter 13 offers more discharge options than Chapter 7, some of your debts will persist after bankruptcy. We recommend that you carefully evaluate your debt profile before filing. When you understand which debts can't be eliminated, you can set realistic expectations for your post-bankruptcy finances.

For personalized guidance on discharge eligibility for your specific debts, it's wise to consult a bankruptcy attorney. They can help you determine if Chapter 13 aligns with your financial goals and provides meaningful relief from your obligations.

You should know that:

• Credit card debt is often dischargeable
• Your medical bills may be partially or fully discharged
• Personal loans are typically eligible for discharge

Remember, your repayment plan will determine how much of your unsecured debt gets paid off before discharge. Once you complete the plan, the remaining balance on eligible debts is wiped out.

To finish up, you should carefully consider which debts you can and can't discharge under Chapter 13. We advise you to seek professional guidance to make the best decision for your financial future.

Professionals can help you with your Credit Score after Bankruptcy.

Let Professionals help you develop the best possible strategy to improve your credit score after bankruptcy.

Call (888) 411-1844

How Does Chapter 13 Affect My Mortgage And Car Payments

When you file for Chapter 13 bankruptcy, it significantly impacts your mortgage and car payments. For your home loan, you can catch up on missed payments by including them in your 3-5 year repayment plan. You'll need to keep making your current mortgage payments on time to stay in good standing.

With your car loan, you have several options:

• You can catch up on missed payments through the repayment plan
• If you've owned the car for over 910 days, you might "cram down" the loan to the car's current value
• You may be able to extend the loan term to lower your monthly payments

The automatic stay temporarily halts any foreclosure or repossession proceedings. However, you must prove that your car expenses are necessary and reasonable - expensive vehicles may not be protected. It's crucial that you ensure your loan payments fit within your repayment plan budget.

While Chapter 13 helps you keep your home and car, you need steady income for 3-5 years of payments. If you miss payments, you risk dismissal and losing bankruptcy protections. We strongly recommend that you consult a bankruptcy attorney to explore your specific options and create a feasible plan addressing both debts appropriately.

In essence, Chapter 13 can help you manage your mortgage and car payments, but it requires careful planning and consistent execution. You should work closely with a professional to navigate this process successfully and protect your assets.

Can I Incur New Debt During Chapter 13

During Chapter 13 bankruptcy, you generally can't incur new debt without court approval. Here's what you need to know:

You must get court permission for most new debts. However, exceptions may be made for emergencies threatening your life, health, or property. Some trustees define "small debts" that don't need approval.

If you need to request permission, you should:
• File a petition explaining why you need the loan and its terms
• Provide updated financial statements and expense schedules
• Serve copies to your trustee, creditors, and other relevant parties

Be aware that taking on unapproved debt can put your bankruptcy case at risk. The approval process can take a month or longer, so you should plan ahead if possible.

We strongly recommend you consult your bankruptcy attorney before pursuing any new credit. They can help you evaluate if it's truly necessary or if better alternatives exist. In many cases, it's better for you to wait until after bankruptcy to rebuild your credit with small, manageable loans.

To wrap things up, remember that you need court approval for most new debts during Chapter 13. Talk to your lawyer first - they'll guide you through the process and help protect your bankruptcy case if you really need to take on new debt.

What'S The Difference In Debt Treatment Between Chapter 7 And Chapter 13

When you're considering bankruptcy, understanding the difference in debt treatment between Chapter 7 and Chapter 13 is crucial. Here's what you need to know:

Chapter 7 bankruptcy:
• You can discharge unsecured debts like credit cards and medical bills in just 3-4 months
• You'll need to liquidate non-exempt assets to repay creditors
• It's suitable if you have limited income and significant unsecured debt
• You must pass a means test to qualify
• You can't catch up on mortgage payments with this option

Chapter 13 bankruptcy:
• You'll follow a 3-5 year repayment plan to settle your debts
• You can keep your assets and catch up on secured debt payments
• You'll partially repay unsecured debts based on your ability
• After completing the plan, remaining balances may be discharged
• It's a good fit if you don't qualify for Chapter 7 or need to protect specific assets

Key differences you should consider:
• Chapter 7 is faster, but you might have to liquidate some assets
• Chapter 13 takes longer but offers more flexibility to keep your property
• With Chapter 7, you can fully discharge eligible debts, while Chapter 13 involves partial repayment
• You can catch up on mortgages with Chapter 13, but not with Chapter 7

Your unique financial situation and goals will determine which option is better for you. We strongly recommend that you consult a bankruptcy attorney to evaluate your specific case. They can help you choose the most suitable path for your circumstances.

On the whole, while both Chapter 7 and Chapter 13 can provide debt relief, they offer different approaches to handling your financial challenges. You'll need to carefully consider your income, assets, and long-term goals to make the right choice for your situation.

Below is a list of related content worth checking out:

Privacy and Cookies
We use cookies on our website. Your interactions and personal data may be collected on our websites by us and our partners in accordance with our Privacy Policy and Terms & Conditions