Chap 13- Can I pick & Choose my debt

[jtrileyjr]

When I file for a chapter 13 am I able to pick and choose which debt I want on there? I have a large student loan that my father payes and would rather not include it within the Chap 13. Thanks

[HHM]

No you can't. But since student loans are non-dischargeable, you can include them. You need to list ALL your creditors and ALL your assets (among other things).

[jtrileyjr]

Thanks for your help. I appreciate that - 1 other ? - Can my lawyer try negotiating some of the debt down? Example if I owe 6k on a credit card can he try to get them to accept 4k?

[HHM]

If your going to file a chapter 13, no creditor would agree to any reduction. And any lawyer who does this kind of work wouldn't waste his time trying. The goal of a creditor in a chapter 13 is to maximize their claim in the hopes there is some money to pay them off through the plan. By maximizing their claim, they hope to get a greater pro-rata share of distribution vis-a-vis other creditors.