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  1. #1
    Join Date
    Mar 2007
    Posts
    16

    Default How Are Chapter 13 Payments Determined

    Is there is a general formula a trustee uses to determine how much someone must repay in a Chapter 13 ?

    I have been reading the boards and there seems to be a great disparity between what it seems some people are ordered to repay and what others are ordered to repay

    Is there a limit on the monthly payment they will make you pay? (perdentage of income.)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Are Chapter 13 Payments Determined

    You and your lawyer will submit a plan for repayment, with your proposed monthly payments, based upon your income and budget. If the court approves the payment schedule, payments will be made through the trustee.

  3. #3
    Join Date
    Mar 2007
    Posts
    16

    Default Re: How Are Chapter 13 Payments Determined

    Thank you. I have read the payment must be equal to all non disposable income...is that correct? I have two children I am wholly financially responsible for, I have concerns about not being able to provide in case of emergency.

    Additionally, my former husband was ordered to pay child support and never has. Must I include that in my income if it is not being paid?

    He is currently 9k in arrears.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How Are Chapter 13 Payments Determined

    According to the U.S. Courts website,
    Quote Quoting Chapter 13 - Individual Debt Adjustment
    In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income.

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