Thursday, July 11, 2013

Do I have to pay off all of my unsecured debt in chapter 13 bankruptcy?

Not usually.  However, whether you will have to pay off 0% or 100% of your unsecured debt will depend upon your disposable income and the best interest of creditors test.  By extension, whether you will have to pay of all of your unsecured debt in bankruptcy will depend upon your income, expenses, value of assets, and exemptions.

Bankruptcy Lawyer @ sacramentobankruptcylawyer.us

In chapter 13 bankruptcy your unsecured creditors must get whatever they would be entitled to in chapter 7 bankruptcy.  What this means is that your general unsecured creditors must get at least the present value of your non-exempt assets.  Furthermore, you must dedicate your disposable income to your repayment plan, and the calculation of disposable income depends on whether your current monthly income exceeds the state median income for a household of your size.  These calculations and legal tests are beyond the scope of this article, but you can learn more about the best interests of creditors test.

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