How do you figure out the Chapter 13 plan payment?
The Chapter 13 plan payment is based on a number of different factors and each case is different. First, we have to look at the income and the expenses of the debtor. Income is based on all sources of income, whether it is employment, unemployment, workers comp, disability, child support, maintenance, investment income, rental income, support from family members; any sort of income must be calculated in a Chapter 13 under Schedule I. We then look at Schedule J which are the monthly expenses that the debtor incurs; everything from rent, mortgage, auto payment, insurance, food, clothing, utilities. You name it, if you are spending it per month, charity, church payments, childcare, tuition, IRS installment payment; it all must be listed under Schedule J. The difference between Schedule I income and Schedule J expenses will determine what you are required to pay under a Chapter 13 repayment plan.
We also then must look at what you are actually paying back. How much do you have in mortgage arrearages? How much are you paying back on a financed vehicle? Do you have student loans debt? IRS debt? Child-support debt? Miscellaneous credit card debt? We look at all those different factors to determine whether or not the amount you have available per month is enough to fund a Chapter 13 plan that will pay back either all or a portion of your debt over time. If you don’t have the ability to pay back the proper amount, then a Chapter 13 case will not be feasible. If you have the ability to pay back more than what’s required, you will only be required to pay back what you actually owe.
So there are a number of different factors that go into play on how much you’re going to pay and for how long and importantly, what percentage on the dollar are you going to pay back to general unsecured creditors. This is a complicated formula. You need an expert or a Chapter 13 bankruptcy attorney who practices every day in this area. Do not go to someone who is not familiar with Chapter 13, your case will be a disaster.