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There are three tests used to calculate a monthy Chapter 13 plan payment:
1. Current income less expenses -- In Schedules I and J, a debtor's current income and expenses are tallied and the difference represents the amount available for distribution to creditors.
2. Means test -- On Form 22, monthly disposable income is calculated to determine how much should be available for distribution to unsecured creditors.
3. Liquidation test -- Creditors must receive at least as much as they would receive had they filed a Chapter 7 case.
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Can you receive a federal Stafford loan while in chapter 13 bankruptcy?
I'm currently in my third year of chapter 13 repayment, I was going to go back to schools full time night time program, looking for advsie on trying to pay for it, also I make over 60,000, but my chapter 13 repayment is based on this amount
What are the Chapter 13 laws about generally speaking?
Chapter 13 laws are the laws that govern bankruptcies. These are different than Chapter 7 bankruptcies because these have a repayment plan by which you repay your creditors.
What items are covered under Chapter 13?
A Chapter 13 bankruptcy is a consolidation/repayment action. The debtor keeps all personal and real property if the "13" is approved and if secured lender's agree to the terms. The debtor must submit an accurate itemized repayment plan to the trustee for the court's approval before the BK can be granted. Chapter 13 BK is from a 36-60 months duration, with the debtor required to adhere to a very strict budget and repayment schedule.
During a chapter 13 bankruptcy can creditors charge unpaid late charges?
Maybe. A chapter 13 is a repayment plan and in some instances will not affect the terms of the lender and borrower contract.
How much can you save while in chapter 13 bankruptcy?
In a chapter 13, a debtor keeps all his or her property. If you can save while you are in a chapter 13, there is nothing in the bankruptcy law that specifically prohibits you from doing so. There is no limit to what you can save. However, a chapter 13 requires that you repay all or a portion of what you owe creditors through a repayment plan that must be approved by the court. So if you have enough income to save a lot of money, you may not be paying enough into your plan to satisfy the court (and the judge will be influenced by the trustee and creditors as well). In addition, the amount of property (including savings accounts) that you own at the time you file chapter 13 bankutpcy will affect what you are required to repay in your repayment plan. Specifically, there is a requirement that your chapter 13 repayment plan pay creditors at least as much as they would receive if you had filed a chapter 7 liquidation instead. For example, if you already have a substantial savings account at the time you file chapter 13 of $50,000, you would have to repay your creditors over $50,000 (minus any exemption) through your repayment plan. The amount of the exemption depends on state law or the federal exemptions for cash if your state has not "opted out."
If you filed a Chapter 13 in Oct 1997 can you file a Chapter 7 now?
Yes. A chapter 13 can also be dismissed and a chapt. 7 filed. Chap.13 has no time limitations, except as stipulated in the agreed repayment schedule., which is usually 3-5 years.
What if your income increases after filing a chapter 13 bankruptcy?
Chapter 13 is more of a repayment plan than a debt wipeout. Because of that, if there is a change in your financial circumstances after filing for bankruptcy then the court needs to be aware of it.
How do you figure a Chapter 13 repayment agreement of 11500 for 36 months or 60 months?
Your bankruptcy attorney will have the repayment agreement figured and agreed upon by the judge when you get it. They will determine this based on your income and debt.
What difference between ch 7 and ch 13 bankruptcies?
Chapter 7 is a complete discharge of all dischargeable debts. Chapter 13 is a repayment plan of the debts under the bankruptcy court's supervision and protection.
Can you file bankruptcy on Nelnet loans?
I am in chapter 13 with part of nelnet loan as repayment. Not sure why they did not file total loan in the plan
Can you get a car loan with an open chapter 13 bankruptcy?
AnswerPerhaps, but the terms will not be favorable, most especially the rate of interest. It is also a requirement when in a Chapter 13 repayment bankruptcy, that all major financial transactions have the apporval of the bankrutpcy trustee.
What is the punishment for dismissed for bankruptcy chapter 13?
There is no real "punishment"for not meeting the obligations of chapter 13 (which are usually pretty strict repayment plans). The negative side effect is that filing for bankruptcy will be on your credit report and your payment obligations will be due in full (rather than the reduced payment plans established by chapter 13) which can be very difficult.
