Our plan is $288.53 for 5 years. Our unsecured creditors are only getting 0.3% payback. We are under median and technically qualify for both a ch.7 and a ch. 13 3 year plan, but since we had $15,000ish IRS debt, this plan made the most sense. All of our IRS debt will be paid back in this plan. So, rather than file a 7 and pay back the IRS debt privately (and keep accruing interest etc), we chose to organize it this way. And if we had chosen a 3 year plan, the payment was too high for us (close to $600). Not enough DMI for that. So here we are
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What are you Ch 13 payments (propposed and final outcome)?
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I filed a Ch 7 and we were considered "higher income" and it was possible that a Ch 7 wouldn't work out. My attorney was really good and said he *thinks* it will pass but couldn't guarentee due to our income. However, I just wanted to share that my sister-in-law is on a Ch 13 and her payment plan is less than $100 a month. It is around $75 (and some change) per month for 3 years. I guess hers in the lowest I've seen of heard of.
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Our payment started at 1350 for 2 years and the Trustee wouldn't confirm our plan. Finally my lawyer raised our payment to 1600/ mo and changed some wording in our plan and we just got confirmed after 2 1/2 years. This not the norm by any stretch though. Our cars and home mortgage are NOT included.Filed 12/24/2009 Confirmed 9/11/12 Discharge Date 12/24/2014
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Originally posted by alo View PostThanks all. Jcsawyer, does your payment include cars? Just curious.Filed 13: 8/22/2012 341 Meeting: 10/2/2012 Confirmed: 11/2/201210 payments down 50 more to go!
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Anyone who absolutely qualifies for a Chapter 7 would be a fool to choose Chapter 13 except to retain possession of an asset. But if you can clearly afford a Chapter 13, you will not be allowed to file a Chapter 7. That is the sense in which you have no choice.
There are a lot of borderline cases where eligibility for Chapter 7 is not clearly defined. If an attorney can legally manipulate a debtor's financial situation so as to eliminate the presumption of abuse, then submits a petition for bankruptcy under Chapter 7 for the debtor, that only means the debtor has realized a preference - not a choice.
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