13

 

Law Office of 
Charles E. Andersen

chapter 13 bankruptcy attorneys file chapter 13 with our online application
debtor reorganization plans
Chapter 13 is a means by which an individual overwhelmed with debt.. can remain in control of her personal financial affairs and repay her debts while keeping her property
file a repayment plan

several things are required for plan confirmation

 

 

 

 

 

 

 

 

 

 

 

A Chapter 13 plan must be proposed in good faith

Best Efforts of Debtor: Where an objection to confirmation is filed by an unsecured creditor or the Chapter 13 trustee, the court may not confirm the plan unless:

(i) the plan proposes to pay the objecting creditor the total amount, although (according to Collier) not necessarily the present value, of his allowed claim (or, if the objection is made by the trustee, the plan proposes to fully satisfy all (he allowed unsecured claims), or

(ii) all of the debtor's expected disposable income for three years from the due date of the first payment under the plan will be used to make payments under the plan.

 

a. Disposable income: The Code defines disposable income as that portion of the debtor's income which is "not reasonably necessary" to maintain or support the debtor or her dependents, and (in applicable cases) to pay the expenses required for the continuation, operation, and preservation of the business of a debtor engaged in business.

(I) Example: Debtor files a Chapter 13 plan proposing to repay unsecured creditors fourteen percent of their claims. Debtor's budget includes excessive expenses for Debtor's children's tuition at college and private secondary school and excessive expenses for food and housing. The proposed payments under the plan total $132 per month. An unsecured creditor objects lo confirmation, and the court finds that the debtor's disposable income is $510 per month. Since the creditor will not receive the total amount of his claim and not all of debtor's disposable income is being used to make payments, confirmation will be denied

 

Wage orders

file for no money down with a repayment plan and an order from the bankruptcy court
calling for plan payments to be made

 

$0.00 down for chapter 13 cases


 

 

 

 

 

 

Chapter 7 & 13

If you qualify

 

 STOP

  • Creditor Harassment
  • Foreclosure
  • Repossessions

ELIMINATE

  • Credit Card and Medical Bills

** For Chapter 13 cases with wage order, with the balance paid through a trustee as part of a payment plan and not paid directly to the attorney. Court Filing Fee is extra.

 

 

 

 

 

Free Consultation

Reasonable rates

 

 

 

(Elmira)

 

file chapter 13
with our easy no money down policy call our office for a free no obligation consultation
   



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plan confirmation hearing plan is confirmed subject to lien avoidance motion within 30 days
Charles E. Andersen representing the debtor a New York State attorney not a bankruptcy petition preparer