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Chapter 13 plan and disposable income

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    Chapter 13 plan and disposable income

    Anyone have an idea what happens if you do a Chapter 13 (instead of 7 due to delinquent mortgage) and you end up with negative disposable income after accounting for 1/60th of past due mortgage payments? Do the unsecured creditors just get nothing?

    #2
    Basically, you pay all of your disposable income for the 36 or 60 months. Debt such as mortgage does not go away. Therefore, after the 36 or 60 months, you would still owe and be behind on that mortgage debt. They would be free to foreclose after the BK assuming you didn't pay anything in. Best option would probably be a Ch.7 where you get rid of the house.
    Chapter 13 Filed: 12/3/07
    Payments: 2/60

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      #3
      In doing more research, you are only eligible to file for chapter 13 IF and only IF your creditors would at least receive what they would in a chapter 7. If that is not the case (ie. no disposable income) then you cannot file chapter 13.
      Chapter 13 Filed: 12/3/07
      Payments: 2/60

      Comment

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