Louisiana Chapter 13 Model Plan

State:
Louisiana
Control #:
LA-SKU-0034
Format:
PDF
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Description

Chapter 13 Model Plan

The Louisiana Chapter 13 Model Plan is a bankruptcy repayment plan that allows individuals to reorganize their debt in a three- to five-year period. The plan is based on the federal bankruptcy code and is applicable to individuals who have a steady source of income and unsecured debt of less than $383,175 and secured debt of less than $1,149,525. Under the Louisiana Chapter 13 Model Plan, individuals are required to pay all their unsecured creditors in full or a percentage of their debt, depending on their economic situation. The repayment plan is based on their disposable income, which is calculated by subtracting all monthly expenses from their total monthly income. The individual must make monthly payments to a Chapter 13 Trustee who will then distribute the funds to the creditors. There are two types of Louisiana Chapter 13 Model Plans: the Traditional Plan and the Flexible Plan. The Traditional Plan requires the individual to make fixed payments each month for the three- to five-year period of the plan. The Flexible Plan allows the individual to make payments for a shorter period of time, as long as the creditors are paid in full within five years. Both plans require the individual to complete a pre-filling credit counseling course, a budget analysis, and an income and expenses statement. Additionally, the individual must provide the Trustee with all their financial records, including recent tax returns and bank statements.

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FAQ

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.

To calculate the total average monthly payment, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Then divide by 60.

Firstly, all Chapter 13 payment plans must repay all priority claims and administrative expenses in full. These types of debts include taxes, child support, alimony, attorneys' fees and court costs.

To calculate the total average monthly payment, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Then divide by 60.

The Minimum Percentage of Debt Repayments In A Chapter 13 Bankruptcy Is 8 To 10 Percent.

The Chapter 13 Plan must: provide for payments of fixed amounts to the trustee on a regular basis, typically monthly. provide for the full payment of all claims entitled to priority under section 507 such as taxes and child support (unless the holder of a particular claim agrees to different treatment of a claim)

Changing jobs is one of the most common reasons for a bankruptcy plan payment increase. Moving on to a higher-paying career or position usually means that the debtor's income increases. Along with raises or promotions to higher paying jobs, the court may also view consistent overtime as a source of additional income.

Chapter 13 Has a Failure Rate of 67% Why do roughly 2 out of every 3 Chapter 13 cases fail? Well, to get a discharge of your debts, you need to complete a 3-5 year repayment plan. And most plans are 5 years long. Only at the end of the plan will the remainder of some debts be forgiven.

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Louisiana Chapter 13 Model Plan