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Missouri Chapter 13 Plan and Plan Summary For Cases Filed On Or After October 17, 2005

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Missouri
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MO-SKU-0309
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Chapter 13 Plan and Plan Summary For Cases Filed On Or After October 17, 2005

The Missouri Chapter 13 Plan and Plan Summary For Cases Filed On Or After October 17, 2005, is a legal agreement between the debtor and his/her creditors that is filed with the United States Bankruptcy Court for the Western District of Missouri. The chapter 13 plan is a repayment plan that allows for the reorganization of a debtor’s finances and the repayment of their debts over a three to five-year period. The plan must include a breakdown of the debtor’s income, expenses, assets, and liabilities, as well as a plan for the repayment of creditors. The plan must also include a list of allowed secured and unsecured creditors and the total amount of each creditor's claim. The Missouri Chapter 13 Plan and Plan Summary For Cases Filed On Or After October 17, 2005, includes two types of plans: the Wage Earner Plan and the Self-Employed Plan. The Wage Earner Plan requires the debtor to make payments to their creditors directly, while the Self-Employed Plan allows the debtor to make payments through their trustee. Both plans require the debtor to make monthly payments, with the amount based on the debtor’s income and expenses. The Missouri Chapter 13 Plan and Plan Summary For Cases Filed On Or After October 17, 2005, also includes a Plan Summary which outlines the debtor’s assets, liabilities, income, and expenses, as well as the amount of the debtor’s proposed payments to creditors. The Plan Summary also outlines the debtor’s proposed plan of repayment and any applicable exemptions.

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FAQ

Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause."

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.

If your Chapter 13 plan payment is too high, you can sometimes get it lowered if you encounter a reduction in household income. If your income reduces, you are many times also allowed to reduce your plan payment. This is accomplished usually by filing a Motion to Modify your Chapter 13 plan.

In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. § 1322(d). During this time the law forbids creditors from starting or continuing collection efforts.

The disposable income calculation starts with your gross income. You must also be a wage earner in order to file a Chapter 13. Then, certain expenses are deducted based on an IRS deduction. The deduction is based upon a national average, taking into consideration the metropolitan area you live.

An objection to the confirmation of a chapter 13 plan shall be made by motion setting forth the facts and legal arguments that give rise to the objection in sufficient detail to allow the debtor to file a reply or an amended plan that addresses the objection.

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.

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

More info

A Ch. 13 case seeking a discharge that was filed on or after October 17, 2005 has additional disclosure requirements pursuant to BAPCPA and the Court's. The implementation of BAPCPA provisions for cases filed on or after October 17, 2005, does not lessen the need for thorough review of Chapter 13 plans.The amendments became effective as of October 17, 2005. The MTR System tracks the filing of all chapter 7 cases and facilitates the review of the means test form, petition and schedules to verify the results. A Chapter 13 bankruptcy proceeding can take three (3) to five (5) years for a debtor to successfully complete the Plan. Case No. 03-42320-13 (Bankr. Chapter 13 Plan And Plan Summary For Cases Filed On Or After October 17, 2005 {MOW 30831. 1 Both of these case were filed after October 17, 2005. Chapter 75 Appeals from Council on Probate Judicial Conduct . Where most or all of your debt is wiped out, and Chapter 13, which involves a repayment plan.

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Missouri Chapter 13 Plan and Plan Summary For Cases Filed On Or After October 17, 2005