This form is for post 2005 act cases.
Phoenix, Arizona Statement of Current Monthly Income and Disposable Income Calculation for Use in Chapter 13 — Post 2005 In Phoenix, Arizona, individuals filing for Chapter 13 bankruptcy are required to provide a Statement of Current Monthly Income and Disposable Income Calculation. This is a critical document that helps determine their eligibility for the Chapter 13 repayment plan and calculates the amount of disposable income available to repay creditors. The Statement of Current Monthly Income takes into account all sources of income received by the individual and their spouse, if applicable, over the six months prior to filing for bankruptcy. This includes wages, salaries, self-employment income, rental income, regular contributions, and any other form of income. It is important to ensure that all income sources are accurately reported complying with bankruptcy laws and guidelines. However, it is worth noting that there are certain types of income that are excluded from the calculation, such as income from social security benefits, retirement plans, child support, and some veterans' benefits. These exempted forms of income are not counted towards the monthly income calculation. Once the total current monthly income is calculated, it is then compared to the median income for a household of the same size in Phoenix, Arizona. If the individual's income is below the median, they are allowed to proceed with Chapter 13 bankruptcy without any further disposable income calculation. However, if the income exceeds the median, the process continues to determine the disposable income available for debt repayment. The Disposable Income Calculation deducts certain expenses and monthly payments from the total current monthly income to ascertain the amount that can be allocated towards the repayment plan. These deductions include reasonable and necessary living expenses such as housing, transportation, food, healthcare, childcare, and education expenses. It is crucial to ensure that expenses are accurately documented and supported with relevant receipts or bills. From the remaining disposable income, the bankruptcy court assesses the individual's ability to repay their debts. The allocated disposable income becomes the foundation for the proposed Chapter 13 repayment plan, which typically lasts for three to five years. During this period, the individual makes monthly payments to the bankruptcy trustee, who then distributes the payments to creditors according to the plan's terms. While the general process of calculating current monthly income and disposable income remains consistent, it is essential to consult an experienced bankruptcy attorney in Phoenix, Arizona, to navigate the intricate legal requirements. Additionally, individuals should keep in mind that bankruptcy laws and guidelines are subject to change. Therefore, it is advisable to stay updated on the latest regulations when preparing the Statement of Current Monthly Income and Disposable Income Calculation for use in Chapter 13 bankruptcy. Keywords: Phoenix, Arizona, Chapter 13, bankruptcy, Statement of Current Monthly Income, Disposable Income Calculation, post-2005, eligibility, repayment plan, disposable income, median income, exemptions, living expenses, bankruptcy court, repayment period, bankruptcy trustee, creditors, legal requirements, bankruptcy attorney.
Phoenix, Arizona Statement of Current Monthly Income and Disposable Income Calculation for Use in Chapter 13 — Post 2005 In Phoenix, Arizona, individuals filing for Chapter 13 bankruptcy are required to provide a Statement of Current Monthly Income and Disposable Income Calculation. This is a critical document that helps determine their eligibility for the Chapter 13 repayment plan and calculates the amount of disposable income available to repay creditors. The Statement of Current Monthly Income takes into account all sources of income received by the individual and their spouse, if applicable, over the six months prior to filing for bankruptcy. This includes wages, salaries, self-employment income, rental income, regular contributions, and any other form of income. It is important to ensure that all income sources are accurately reported complying with bankruptcy laws and guidelines. However, it is worth noting that there are certain types of income that are excluded from the calculation, such as income from social security benefits, retirement plans, child support, and some veterans' benefits. These exempted forms of income are not counted towards the monthly income calculation. Once the total current monthly income is calculated, it is then compared to the median income for a household of the same size in Phoenix, Arizona. If the individual's income is below the median, they are allowed to proceed with Chapter 13 bankruptcy without any further disposable income calculation. However, if the income exceeds the median, the process continues to determine the disposable income available for debt repayment. The Disposable Income Calculation deducts certain expenses and monthly payments from the total current monthly income to ascertain the amount that can be allocated towards the repayment plan. These deductions include reasonable and necessary living expenses such as housing, transportation, food, healthcare, childcare, and education expenses. It is crucial to ensure that expenses are accurately documented and supported with relevant receipts or bills. From the remaining disposable income, the bankruptcy court assesses the individual's ability to repay their debts. The allocated disposable income becomes the foundation for the proposed Chapter 13 repayment plan, which typically lasts for three to five years. During this period, the individual makes monthly payments to the bankruptcy trustee, who then distributes the payments to creditors according to the plan's terms. While the general process of calculating current monthly income and disposable income remains consistent, it is essential to consult an experienced bankruptcy attorney in Phoenix, Arizona, to navigate the intricate legal requirements. Additionally, individuals should keep in mind that bankruptcy laws and guidelines are subject to change. Therefore, it is advisable to stay updated on the latest regulations when preparing the Statement of Current Monthly Income and Disposable Income Calculation for use in Chapter 13 bankruptcy. Keywords: Phoenix, Arizona, Chapter 13, bankruptcy, Statement of Current Monthly Income, Disposable Income Calculation, post-2005, eligibility, repayment plan, disposable income, median income, exemptions, living expenses, bankruptcy court, repayment period, bankruptcy trustee, creditors, legal requirements, bankruptcy attorney.