How much can you save while in chapter 13 bankruptcy?

Answer 1

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."

Answer 2

A Chapter 13 requires that all excess income be applied to the plan, at least as of the date of filing. All tax refunds must be sent to the trustee. No one is going to check your bank account(s) after the plan is approved, so if you are able to save some small amount, there should not be a problem, especially if the savings come from reduced expenses rather than significant increases in income.