New York Chapter 13 Plan

State:
New York
Control #:
NY-BKR-148E
Format:
PDF
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Description

Chapter 13 Plan

New York Chapter 13 Plan is a debt repayment plan that allows individuals to reorganize their debts and repay creditors in a three to five-year period. The plan is available to individuals who have a regular income and owe more than the state and federal bankruptcy exemptions allow them to discharge. The debtor proposes the plan to the court and creditors, and if accepted, the debtor pays back all or some of their debts over the life of the plan. There are two types of New York Chapter 13 Plans: The Traditional Plan and the Zero-Balance Plan. The Traditional Plan requires debtors to make payments into a Chapter 13 Trustee who then distributes the funds to creditors. The Zero-Balance Plan allows debtors to make payments directly to creditors, thereby eliminating the need for a Trustee. Both plans require debtors to make regular monthly payments to creditors. The amount of the payment is determined by the debtor's income and expenses, and must be approved by the court. The payments are usually made over a three to five-year period and must be completed in order for the debtor to receive a discharge of their remaining debts.

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FAQ

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. Only at the end of the plan will the remainder of some debts be forgiven.

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.

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.

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.

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

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.

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)

Chapter 13 can be useful for people with serious debts who worry about losing their homes to bankruptcy. If you adhere to your repayment plan, you'll have a new lease on financial life. Unsecured debts will be gone, but mortgages and car payments might linger.

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New York Chapter 13 Plan