Is it possible to add more debt after I file for a chapter 13 bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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Is it possible to add more debt after I file for a chapter 13 bankruptcy?

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?

Answer By Kevin Heupel
Heupel Law
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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

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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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


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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: 1/29/2012


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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: 1/28/2012

Answer By Michael Johnson
Law Office of Michael Johnson
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You should consult with your attorney. The debt should have been listed prior.

Answer Applies to: Florida
Replied: 1/28/2012

Answer By Louis Haskell
Law Office of Louis S. Haskell
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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: 1/28/2012

Bankruptcy Law office of Bill Rubendall
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The chapter 13 trustee might not allow you to add a creditor after the deadline that was initially set.

Answer Applies to: California
Replied: 1/27/2012

Answer By Lehn Law, PA
Joseph Lehn, Esq
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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: 1/27/2012

Answer By Tobias Licker

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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

Answer By Kelly Stairs

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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

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