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Often, those individuals or married couples can still file for Chapter 13 bankruptcy, but will be required to pay 100% of their unsecured debts through the plan. If you're wondering why you would bother to file Chapter 13 if you're going to have to pay all of your debts anyway, you're not alone.
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.
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.
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 13 trustees get paid by taking a percentage of all amounts they distribute to creditors through your repayment plan. This percentage varies depending on where you live but can be up to 10%. In addition, you typically have to pay interest on secured claims you are paying off through your plan.
The Benefit of Chapter 13 The court may discharge the remaining amount you aren't able to pay over the years. Another benefit of Chapter 13 is that you may keep your important assets, like your home or car. You don't have to give up everything to pay your debts and move forward in a better financial position.
The Minimum Percentage of Debt Repayments In A Chapter 13 Bankruptcy Is 8 To 10 Percent.