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Chapter 7, Chapter 11, and Chapter 13 each serve different purposes in bankruptcy law. Chapter 7 allows for liquidation of non-exempt assets to eliminate most debts, while Chapter 11 focuses on business reorganization allowing companies to keep operating during bankruptcy. Conversely, Chapter 13 is designed for individuals who seek to keep their assets while repaying debts over time through a structured plan.
A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.
Chapter 11 bankruptcies typically do not discharge tax debt. In Chapter 11, pre-petition tax liabilities are categorized as ?priority claims.? These claims must be paid in full, and tax officials are usually given priority over other creditors.
Some Chapter 13 Plans require debtors to pay into the plan their federal tax refunds. Typically, tax refunds are required on all cases where unsecured creditors are paid less than 70%. If tax refunds are required in the plan as payments, it will be stated on your confirmed plan.
To calculate your monthly payment amount in a Chapter 13 bankruptcy, calculate your income for the six months before your bankruptcy filing. Deduct allowable expenses to determine your disposable income. Pay your priority debtors and any secured debts that you want to keep after the bankruptcy.
The Chapter 13 plan payments also begin the month you file, not when your hearing begins. To calculate your plan payment, you must essentially look at your budget. Your plan payment is what you have left after deducting your reasonable and necessary expenses from your income. We call this your disposable income.