Chapter 13 Bankruptcy is often referred to as a
"wage earner plan" or a "debt repayment
plan". In some ways, a Chapter 13 Bankruptcy
is similar to the debt repayment program of Consumer
Credit Counseling Service, but there are important
differences.
In Chapter 13 Bankruptcy, the debtor files a
"Chapter 13 Plan" with the Bankruptcy
Court agreeing to make the best effort to pay
off as much debt as possible over a three to five
year period of time. Some debts must be paid in
Chapter 13; others need not be.
The debtor makes a monthly payment to a bankruptcy
trustee determined by monthly take-home pay less
monthly living expenses. (For example, if take-home
pay is $2,000 per month, and living expenses are
$1,800 per month, the payment to the trustee will
be $200 per month.) Generally, in Chapter 13,
secured debts must be paid in full, as well as
"priority" debts (most back taxes and
child support). Any funds left over after payment
of secured and priority debts are split equally
among the unsecured creditors. They each receive
some percentage of what is owed, depending on
the ability to pay. Most unsecured debts remaining
at the end of the case are discharged. This is
distinguished from Consumer Credit Counseling
Service, where debts are paid in full over an
extended repayment period.
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