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info before filing

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    info before filing

    OK, brand new here, and really enjoying the information that everyone shares. Where on this site (or others) can I get specific information about chapter 13? I know the general info that most lawyer sites have. What I do not understand is all of the "what if's" that could arise during the repayment:

    For instance, what if our car needed major repair or needed replacement? If all disposable income is going to the payment, how do you save for something like this?

    Does the payment stay the same the whole 5 years - thinking of possible annual raises?

    If we were to file a ch 13, do they come and take some our furniture, or anything like that? Not sure where to start looking for this kind of info. (I am in the state of WA.

    Thanks!

    #2
    You can discover a lot by reviewing (even filling out) some of the official bankruptcy forms. Form 22C can be especially enlightening when trying to figure out what the courts will consider your disposable income each month. I, personally, found the allowances to be quite a bit more than what we currently spend. They do include a car maintenance allowance of $489 per vehicle minus any applicable payments.

    Hopefully I get this right, if I don't I'm sure someone will correct me.

    So, if you have 2 cars, you'd be allowed $978 each month (minus any payments).

    Let's say that you have 1 car that's paid off and 1 car with a $400 payment. You would be permitted $578 in your monthly budget for "ownership" expense or maintenance. This is separate from vehicle operation expense (gas), which is listed as a separate expense. If you save the unused portion of the ownership expense each month, you'll be covered in case you need a repair.

    You can view the bk docs at: http://www.uscourts.gov/bkforms/bankruptcy_forms.html

    Here is a link to "national standards" that will give you an idea of how much they allow for your family size (or region) in each category: http://www.justice.gov/ust/eo/bapcpa...anstesting.htm
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

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      #3
      Thank you so much! I will take a look.

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