New Hampshire Sample Letter regarding Chapter 13 Plan

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US-0942LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Title: Understanding New Hampshire Chapter 13 Plan (Sample Letter Included) Introduction: In New Hampshire, Chapter 13 bankruptcy provides individuals with a viable option to reorganize their debts and regain financial stability. This detailed description aims to shed light on the concept of a Chapter 13 plan, its significance, and the types of sample letters commonly used in New Hampshire for outlining such plans. I. Exploring the Chapter 13 Plan in New Hampshire: The Chapter 13 plan serves as a crucial document in the bankruptcy process, as it outlines a debtor's proposed repayment schedule to creditors over a period of 3-5 years. It is filed with the bankruptcy court and needs to be carefully crafted to satisfy legal requirements while addressing the debtor's financial situation. II. Key Elements of a New Hampshire Chapter 13 Plan: 1. Monthly Payment Calculation: The debtor, with the help of a bankruptcy attorney, determines the monthly payment amount based on income, expenses, and the type of debts involved. 2. Proposed Repayment Term: The plan suggests the duration of the repayment period, usually between 36 and 60 months, during which the debtor aims to repay creditors while keeping up with ongoing obligations. 3. Priority Debts: The Chapter 13 plan prioritizes certain debts, such as tax obligations and child support arrears, aiming to ensure their full repayment. 4. Secured and Unsecured Debts: The plan outlines how secured debts, like mortgages or car loans, will be handled, either through regular payments or potential loan modifications, while unsecured debts may receive partial repayment. 5. Trustee Payments: The debtor makes regular monthly payments to the appointed bankruptcy trustee who subsequently distributes the funds to the creditors listed in the plan. 6. Potential Exemptions: Depending on the debtor's specific circumstances, certain exemptions may be included in the plan to protect assets from being liquidated. III. Types of New Hampshire Sample Letters Regarding Chapter 13 Plan: 1. Plan Proposal Letter: This sample letter outlines the debtor's proposed Chapter 13 plan to the bankruptcy trustee and the creditors, including the repayment terms and any required modifications. 2. Confirmation Hearing Letter: This type of letter serves as notification to all relevant parties about the upcoming confirmation hearing scheduled by the bankruptcy court to review and potentially approve the proposed plan. 3. Modification Request Letter: If circumstances change during the repayment period, the debtor may need to submit a modification request, detailing the necessary adjustments to the plan, such as reduced payments or updated creditor details. Conclusion: Understanding and properly executing a Chapter 13 plan is essential for individuals seeking financial relief through bankruptcy in New Hampshire. By utilizing appropriate sample letters, debtors can effectively communicate their intentions to creditors and navigate the bankruptcy process successfully. It is crucial to consult with a qualified bankruptcy attorney to craft a comprehensive plan tailored to the debtor's unique financial situation and ensure adherence to New Hampshire bankruptcy laws.

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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."

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.

To calculate your monthly payment amount in a Chapter 13 bankruptcy, calculate your income for the six months before your bankruptcy filing. Deduct allowable expenses to determine your disposable income. Pay your priority debtors and any secured debts that you want to keep after the bankruptcy.

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

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.

Changing jobs is one of the most common reasons for a bankruptcy plan payment increase. Moving on to a higher-paying career or position usually means that the debtor's income increases. Along with raises or promotions to higher paying jobs, the court may also view consistent overtime as a source of additional income.

Some common reasons creditors object to Chapter 13 plan confirmation include: Disagreement about the outstanding balance on the debt. Disagreement about the past-due amount. Objection to a ?cramdown? of an automobile loan.

Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.

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New Hampshire Sample Letter regarding Chapter 13 Plan