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What determines percentage of payback?

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    What determines percentage of payback?

    I'm in a 60 month plan paying $1008.00 a month with 100% to unsecured creditors. I've noticed varing rates of payback and am curious on how the payback percentages are calculated.
    Chapter 13 Filed: 11/7/07
    341: 12/11/07
    Confirmed: 2/17/08

    #2
    It all depends on your income, the amount of your debts, your assets and the state in which you live as to it's allowable exemptions and median income level. It differs for everyone.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      Originally posted by Flamingo View Post
      It all depends on your income, the amount of your debts, your assets and the state in which you live as to it's allowable exemptions and median income level. It differs for everyone.
      In addition to what Flamingo already mentioned, the number of creditors who file claims vs. those who do not also impact the % of payback as well.

      The Ch 13 payment is calculated on a complex cross-comparison of income, expenses, exemptions, and how your district and local court interpret the gray areas of the current bk law. Due to the constantly evolving Ch 13 case law, especially in regards to how the court sees current income vs future income, there is more inconsistency across the country in Ch 13 practices and interpretations compared to Ch 7.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        My scheduled amount to all creditors was around $112,000.00 claim amount around $100,000.....for some reason National Data Center is showing my kids college loans as part of the claims even tho my plan called for me to pay outside the plan. In any event wonder if my plan will end earlier than 60 months based on the claims.
        Chapter 13 Filed: 11/7/07
        341: 12/11/07
        Confirmed: 2/17/08

        Comment

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