chapter 13

You can exclude anything you want. One question before I answer you further...are your payday loans online or storefront?

I have both online and storefront.

Hi Guest, welcome to the boards there are many here who will help and offer you up great advice. In reagrds to your Internet payday loans, what companies are you dealing with and what state are you from? IPDL are illegal in some states, also how much were your loans for and how much have you paid towards them. This will be a good staring point, keep posting and good luck

Welcome Guest, Before you consider bankruptcy. Please register and have a trained debt counselor contact you. They can give you information on how this debt can be consolidated. Also if you are in a state where the internet loans are illegal and you have overpaid thats a different issue. Storefront loans usually are legal and some type of arrangement has to be made. Please register and keep posting. Best Wishes KYSIDE38 :D :D :D

Hello -

Just a note on Chapter 13 - if you do go that route, make sure you check with your attorney on excluding items. I had to sign papers that stated I had included absolutely everything I owed in the world - no exclusions. I don't know if that's a law, or what - but it was in my paperwork, and my attorney was pretty adamant about including everything, with the exception of my vehicle, which I continued to pay outside the plan, because it's almost paid off.

Before you go to bankruptcy, definitely register and take a look at the counseling offered here. Maybe there's another option for you. I really hope there is.

Best wishes.

well there are instances where you forget to name a creditor and then you would have to open the file again and add it for like $20 or something as a fee...they want to make sure you add everything because of the budget issue because they take all you owe and what you make and come up with a number and a monthly payment. That's why you have to list everything. I'm in the middle of this now. The only thing with me is that there are a few cards that are NOT mine.......meaning my aunt took out cards in her own name and is responsible for the debt but i'm an authorized user...i certainly wouldn't list those debts....anyway, any debt you incurr within 90 days of declaring bankruptcy are considered NON-Dischargable debts and would be excluded from the program...........how your suppose to pay those are a mystery to me though.

If you retain an attorney, they generally make you include everything. It could open themselves up for a lawsuit later, if they didn't. Suppose your attorney doesn't include some of your debts in the BK... then a year down the road, you have probems paying one of the companies you didn't include, and now they want to sue you. You could file a tort against your attorney for advising you not to include them, because it was contrary to your best interest. They are just protecting themselves when they make you throw everything in there.

If you file a case pro se, you can include/exclude whoever you want. You just need to be aware that if you don't include them, then you better plan on paying them back because they would be able to sue you if you don't.

Just a side note on the "adding an item for a $20 fee" - my attorney stated very clearly (and repeatedly) that if I "forgot" to add anything into my plan, it would cost me the $26 court filing fee + his fee of $150. And that would have to be paid up front, not added into the plan. I would stick to including everything in the plan, otherwise you risk putting yourself back in the same boat again, not being able to pay everything, once your payment for the Chapter 13 plan starts to come out of your paycheck.

I know this is a little late, but you made me think back to when I filed my BK and I was told to leave out NOTHING, but mine was a Chapter 7 I believe.