Average Monthly Payment for Chapter 13 Bankruptcy Case | Jackson MS (2024)

Chapter 13 Payment Schedule

People who are planning to file for bankruptcy often choose between the liquidation or reorganization bankruptcy procedure. If you wish to secure your assets while paying the debts you owe, declaring bankruptcy under Chapter 13 could be the best option for you. Here, whatever is left after deducting permitted expenditure (your disposable income) goes towards a debt repayment plan approved by the bankruptcy court.

Bankruptcy cases have helped countless individuals facing problems with their finances. However, because of the paperwork and supporting documents involved, filing for bankruptcy can be very stressful. It is best to consult with a trusted Jackson bankruptcy attorney as soon as possible.

Types of Debt You Must Repay Under Chapter 13 Bankruptcy

If you seek debt relief and have decided to file bankruptcy under Chapter 13, you will be required to propose a payment plan that should enable you to repay debts in three or five years. It is generally recommended to seek legal advice from a credible local attorney before working on the necessary bankruptcy forms. Call our law firm at 707-596-6641 to schedule a consultation today.

The trustee in bankruptcy filings will work with you to allocate payments to creditors, particularly for the following:

Priority Debts

Priority debts that you must pay in full include:

  • Missed child support or alimony payments,
  • unpaid federal or state taxes,
  • wages owed to employees, and
  • other priority debts that you must pay in full

Secured Debts

Secured debts that are due to be paid in full within the duration of the repayment plan should also be repaid. Although, you may cram down a home or car equity loan to minimize the balance (depending on the actual circ*mstances).

Secured Loans

Secured loans that will not expire during the payment plan’s duration, such as a tax lien

Certain Non-Priority Unsecured Debts

The cumulative amount that lenders of non-priority unsecured debts would be receiving if you filed for Chapter 7 bankruptcy instead

Administrative Costs

Administrative costs associated with filing for bankruptcy, such as filing, bankruptcy trustee, and attorney fees

Working on Your Debt Repayment Plan

Under relevant bankruptcy laws, a debtor who wishes to keep the property and avoid foreclosure must pay off their real or personal property arrearages. This is especially applicable to keep a secured asset, such as a home or a vehicle. Some bankruptcy courts will require mortgage payments to be made directly to lenders, while others need you to include them in your debt repayment plan.

In general, bankrupt individuals are often given 36 or 60 months to pay back what is owed, with higher income filers usually paying more per month. The actual time will depend on the median income and your monthly income six months before filing a bankruptcy petition. Additionally, electricity, phone, tax, and child support payments are often made outside the payment plan.

It is highly recommended to seek legal assistance early to avoid mistakes that could complicate your filing. Our dedicated and hands-on Jackson bankruptcy lawyers will assist you on how to file, explain relevant state law, and help you have a successful bankruptcy filing.

Average Monthly Payments in a Chapter 13 Bankruptcy Declaration

Many individuals with financial problems are curious about how much they will likely have to pay monthly if they file for reorganization bankruptcy.

A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.

When higher income and housing repayment requirements are involved, the average payment goes up to $1000 to $2000 or more. If you filed for bankruptcy to avoid foreclosure or are behind in house payments, your Chapter 13 plan payment could be more or less $1500 per month. Additionally, high income, high debt Chapter 13 filers would usually be required to make payments between $2000 and $3000, or even more.

On the other end of the spectrum, however, basic repayment requirements could go as low as $200 to $300 per month. This is often applicable to a debtor who was forced to file Chapter 13 because he is barred from filing a Chapter 7 (since they filed a previous one recently).

Seasoned Jackson bankruptcy lawyers can help you learn more about these situations. Call our law firm today at 707-596-6641 to schedule a consultation.

Get Legal Help from Reliable Jackson Bankruptcy Attorneys

There are different ways of dealing with debt settlement. One of these is looking into filing Chapter 13, which is one of the many types of bankruptcy proceedings that may apply to you. If you are considering bankruptcy, get in touch with a local attorney from a trusted Jackson bankruptcy law firm. Call us at the Rollins Law Firm to consult with credible Jackson bankruptcy attorneys.

Average Monthly Payment for Chapter 13 Bankruptcy Case | Jackson MS (2024)

FAQs

Average Monthly Payment for Chapter 13 Bankruptcy Case | Jackson MS? ›

A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.

How much will my monthly payment be for Chapter 13? ›

To calculate your monthly payment amount in a Chapter 13 bankruptcy, calculate your income for the six months before your bankruptcy filing. Deduct allowable expenses to determine your disposable income. Pay your priority debtors and any secured debts that you want to keep after the bankruptcy.

What does a Chapter 13 payment plan look like? ›

Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause."

How much does it cost to file Chapter 13 in Mississippi? ›

Filing Fees
Fee for Filing a Case
Chapter 13 Petition $235.00 filing fee plus $78.00 administrative fee$313.00
Chapter 15 Petition $1,167.00 filing fee plus $571.00 administrative fee$1,738.00
Motions to Convert
Chapter 9 to Chapter 7$15.00
56 more rows

How is income calculated for Chapter 13? ›

You'll calculate your disposable income in this manner. Take your monthly income and deduct living expenses, priority debt payments, and secured payments. The remaining amount is your disposable income. You'd are responsible to pay this amount to creditors each month.

Why is my Chapter 13 payment so high? ›

Many times, for instance, chapter 13 bankruptcy is filed to stop a foreclosure and save a house. Under the plan, the debtor must propose to repay the arrears over the life of the plan. This can often mean thousands and thousands of dollars spread out over 60 months, which results in a high chapter 13 plan payment.

Do you pay 100% in a Chapter 13? ›

A 100% plan indicates that the petitioner does not qualify for debt reduction based on their income and ability to pay. This Chapter 13 plan structures 100% of that client's debt to be paid back through the repayment process.

Who gets paid first in Chapter 13? ›

Instead, bankruptcy law sets forth the order that your bankruptcy trustee must pay your debts. Usually, the trustee pays them in this order: secured debts first, followed by priority debts, and then unsecured debts.

Can I negotiate my Chapter 13 payment? ›

Reduce Your Chapter 13 Plan Payments

If you've suffered a permanent income reduction—perhaps you lost your job or received a salary decrease—you could file a motion asking the bankruptcy court to lower or modify your payments.

What happens if I can't afford my Chapter 13 payments? ›

Skipping a Chapter 13 plan payment can negatively impact your Chapter 13 case. If you miss a payment under the plan, the court can decide to dismiss your case or change your bankruptcy case to Chapter 7. Under a Chapter 7 bankruptcy, the court can liquidate your nonexempt assets to pay your outstanding debts.

What does a Chapter 13 budget look like? ›

How tight is a Chapter 13 budget? Not as tight as you may be imagining. There's usually a little room to buy gifts and even to maintain a small entertainment budget. For example, a family of four is allowed to spend up to $1740 on food, clothing, housekeeping supplies, personal care, and miscellaneous.

Why is Chapter 13 more expensive? ›

Attorneys charge more for Chapter 13 cases because they take longer and involve more work. However, unlike Chapter 7, you don't need to pay the entire fee upfront. Get debt relief now. We've helped 205 clients find attorneys today.

How does Chapter 13 work in Mississippi? ›

If you have secured debts such as a mortgage or vehicle, Chapter 13 gives you an option to make up missed payments to avoid repossession or foreclosure. You can include these past due amounts in your repayment plan and make them up over time.

What is the average Chapter 13 monthly payment? ›

A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.

Will Chapter 13 take all my money? ›

You don't have to pay unsecured debts in full. Instead, you pay all your disposable income toward the debt during your three-year or five-year repayment plan. The unsecured creditors must receive as much as they would have if you'd filed Chapter 7.

What is the downside to filing Chapter 13? ›

Cons of Filing Chapter 13 Bankruptcy

Job loss, medical issues, and added expenses all strain the plan. 2. Certain Debts Remain: Common protected debts like most student loans, alimony, and child support can't be discharged in Chapter 13.

Is there a cap on Chapter 13 payments? ›

For instance, the debt limits for Chapter 13 cases filed on or after June 21, 2024 (source), are: $465,275 for liquidated, non-contingent unsecured debts. $1,395,875 for liquidated, non-contingent secured debts.

Does Chapter 13 take all your disposable income? ›

It's also called the disposable income test because, in most Chapter 13 cases, you must pay all your disposable income (You'll find the exception to the Chapter 13 bankruptcy disposable income rule at the end of the article).

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