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Chapter 13 cases can be filed for no money down because the attorney fees and court costs can be rolled into a 3-5 year repayment plan. While you're at it, you can also wipe away all of your other unsecured debt (credit cards, medical bills, payday loans, old collections, etc.).
Sometimes, you can pay 100% of the allowed claims, but that doesn't happen very often. More likely, there's only enough to make partial payments. If there's nothing left over, the unsecured creditors won't receive any payment at all.
In Chapter 13 bankruptcy, you must devote all of your "disposable income" to the repayment of your debts over the life of your Chapter 13 plan. Your disposable income first goes to your secured and priority creditors. Your unsecured creditors share any remaining amount.
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.
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.
A 100% plan indicates that the petitioner does not qualify for debt reduction based on their income and ability to pay. This Chapter 13 plan structures 100% of that client's debt to be paid back through the repayment process.
In a Chapter 13 case, the trustee collects money from the debtor each month over a period of 3-5 years and distributes it to creditors ing to the debtor's repayment plan. The trustee can require the debtor to provide information and documents before, after, or at the meeting of creditors.
The documents in your repayment plan include income information on monthly expenses, assets, and debts. The trustee confirms those figures by using your tax returns, paycheck stubs, bank statements, etc. It's not expressly the job of the trustee to keep checking your pay stubs or direct deposits for wage increases.