North Carolina Chapter 13 Plan

State:
North Carolina
Control #:
NC-SKU-0126
Format:
PDF
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Description

Chapter 13 Plan

North Carolina Chapter 13 Plan is a repayment plan for individuals with regular income who are unable to pay their debts. It allows debtors to keep their property and pay creditors over a three to five-year period. The plan is designed to help individuals who have a steady income, but need assistance in managing their debt. Under the North Carolina Chapter 13 Plan, debtors must submit a repayment plan to the court outlining how they will pay off their debt in a set period of time. This plan is reviewed by the court and must be approved for it to be put into effect. Creditors are then paid a percentage of the debt through monthly payments made by the debtor to the court-appointed trustee. The North Carolina Chapter 13 Plan has two types: Traditional Plan and Modification Plan. The Traditional Plan requires debtors to repay all of their debt in full, while the Modification Plan allows debtors to modify some of their debt, such as interest rates and payment terms, to make it more affordable. By filing under a North Carolina Chapter 13 Plan, debtors can keep their property and assets and protect them from creditors. It also allows debtors to make payments they can afford while establishing a more manageable budget.

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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."

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

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.

Although a Chapter 13 bankruptcy stays on your record for years, missed debt payments, defaults, repossessions, and lawsuits will also hurt your credit and may be more complicated to explain to a future lender than bankruptcy.

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)

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.

Once you deduct your expenses from your income, you're left with your disposable income. Your disposable income gets applied to your debts ing to priorities. To calculate your Chapter 13 monthly payment amount, you compare your disposable income to your debts.

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.

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North Carolina Chapter 13 Plan