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Chapter 13 Debt Consolidation: Pay Smaller Monthly Payments & Prioritize Debts

In a Chapter 13 bankruptcy, consolidate your debts and pay smaller monthly payments. Prioritize debts such as taxes, domestic support obligations, and student loans. Pay secured debts in full and unsecured debts based on a percentage. Keep your assets except for excess tax refunds.

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Chapter 13 Debt Consolidation: Pay Smaller Monthly Payments & Prioritize Debts

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  1. Chapter 13 • Consolidate Debt • Pay Smaller Monthly Payments

  2. Priority Debt • Taxes and Domestic Support Obligations Repaid at 100%

  3. Priority Debt • Taxes and Domestic Support Obligations Repaid at 100% • Student Loans Paid at a %, but still owed

  4. Priority Debt • Taxes and Domestic Support Obligations Repaid at 100% • Student Loans Paid at a %, but still owed • Government Fines, Bad Checks, Retirement Loans, Ongoing Support Paid direct at 100%

  5. Priority Debt • Taxes and Domestic Support Obligations Repaid at 100% • Student Loans Paid at a %, but still owed • Government Fines, Bad Checks, Retirement Loans, Ongoing Support Paid direct at 100% • All Others Treated as Unsecured Debt

  6. Secured • Regular Mortgage Paid direct at 100%

  7. Secured • Regular Mortgage Paid direct at 100% • Mortgage Arrearages Paid at 100% without interest

  8. Secured • Regular Mortgage Paid direct at 100% • Mortgage Arrearages Paid at 100% without interest • 910 Property Paid at 100% plus interest

  9. Secured • Regular Mortgage Paid direct at 100% • Mortgage Arrearages Paid at 100% without interest • 910 Property Paid at 100% plus interest • All Other Property Paid at 100% of value plus interest on value

  10. More than 910 days prior to filing If: Car Debt 18,000 Car Value 12,000 Interest 21% Plan pays 100% of 12,000 Plus ~9% interest Balance of 6,000 as unsecured debt

  11. Cross-Collateralized Debts • Credit Union Debts • Unsecured debts are actually secured • Chapter 13 – May Selectively Reaffirm

  12. Executory Contracts • All Executory Contracts Paid direct at 100%

  13. Unsecured • Percentage Paid to Unsecured= The Larger of (liquidation analysis, Schedule I & J excess income, or Form 22 excess income) divided by the Total Unsecured Debt

  14. Liquidation analysis Property Value - Debt Against the Property =Equity Equity -Costs of Sale = Net Value of Property Net Value of Property -Exemptions = Value Available for Creditors

  15. Excess Income Total Monthly Income –Reasonable Expenses = Excess Income

  16. Calculating Excess Income The Last 6 Months Income/6 –IRS Approved Expenses = Excess Income

  17. Amount returned to Unsecured Schedule I & J excess income x plan length = X Form 22 excess income x plan length = Y Liquidation analysis = Z

  18. Amount returned to Unsecured Schedule I & J excess income x plan length = X Form 22 excess income x plan length = Y Liquidation analysis = Z The Greater of X, Y, or Z = The % Paid to Unsecured Creditors Total Unsecured Debt

  19. Co-Signed Debt • May be paid at 100% in the Plan

  20. Court Costs, Attorney Fees, and Trustee Fees • Attorney Fees $2750.00 • Costs $446.00 • Trustee’s Fees 10% of Plan Payments

  21. Calculating a Plan Payment Priority Debt x 100% = A Student Loan Debt x 10% = B Secured Debt x 100% = C Secured Debt x 9% = D Unsecured Debt x 10% = E Balance of Attorney Fees = F A + B + C + D + E + F x 11% = G G x 10 divided by 57 = Monthly Payment

  22. Assets • Keep everything except Tax Refunds Total Tax Refund - $1,000.00 = Amount paid to Court

  23. Bank Accounts • Open a New Account Before you File

  24. Recap of Chapter 13 • Priority Debt Taxes paid at 100% Student Loans paid at % Fines and Support paid direct at 100% All Other paid as unsecured • Secured Debt Mortgage paid direct at 100% Mortgage arrearages paid at 100% without interest 910 Property paid at 100% plus interest All Other paid at 100% of value plus interest on value • Executory Contracts Paid direct at 100% • Unsecured Paid at % • Assets Keep all but excess refunds

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