You absolutely must include them in the filing. You cannot pay them over the other unsecured creditors. They are just unsecured creditors. If they want to complain, then they can object to your confirmation and you deal with it in the confirmation. If you obtained them to survive (eat, provide shelter, get to work, etc), then it is a dischargeable debt.
Please consult with your attorney! Do not just start paying things or not including them in your filing! You are not allowed to do that. Your estate will be controlled by the Chapter 13 Standing Trustee. You can't decide just which unsecured creditors you are going to pay. The Payday company(s) would need to file a claim(s) in the bankruptcy and would be paid through the Trustee if there is any "distribution" to be made to the unsecured creditors. You may be in a 100% plan, where you end up paying everyone back anyhow, or a 0% plan, where none of your unsecured creditors get a penny.
Please, please, please, don't pay them back because you like the "girls" in the office. That's not a reason to pay. If it were your family dentist or physician, I may say that you could pay them from your "expense allowance", but you would still need to include the debt in the bankruptcy filing!
(Also, please turn the CAPS off. It's as if you're shouting at us.)
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Payday loans in 13
I AM PLANNING ON FILING 13 THIS WEEK...I HAVE SEVERAL PAYDAY LOANS I HAVE NOT INCLUDED BECAUSE I JUST OBTAINED THEM..BORROWING FROM PETER TO PAY PAUL, I PLAN ON PAYING THEM OFF WITH MY NEXT FEW CHECKS...? IS WILL THE TRUSTEE HOLD THAT AGAINST ME, I MEAN THE FACT THAT I JUST OBTAINED THESE WITHIN A WEEK OF FILING? I KNOW I NEED TO INCLUDE THEM ON BK, HAVENT TOLD MY ATTNY ABOUT THESE YET, I DO HAVE ONE THAT'S A STOREFRONT HERE LOCALLY THAT I AM PAYING OFF AND WILL NOT INCLUDE THAT. HAVE ACUTALLY DEVELOPED FRIENDSHIPS WITH THE GIRLS THAT WORK THERE! JUST SCARED HOW THE TRUSTEE WILL VIEW THESE RECENT LOANS!!!!
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