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Question on Debt Settlement plan vs. Ch 13

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    #16
    Originally posted by anne1975 View Post
    wait a sec....are you saying with a 13 you have to payback 100%???
    My lawyer didn't tell me that- He said my payback was pennies on the dollar (if all went well) All my debt is unsecured credit card debt-
    Your payment to unsecured creditors does not have to be 100%, unless you have the means to reasonably do so (i.e. disposable income for 60 months would be sufficient). You may be required to do 100% payback to satisfy the rule that you must equal the Chapter 7 liquidation payback. In other words it depends greatly on your circumstances.
    Filing for parents: Dad w/ dementia, mother working at 71, 3 special needs g'kids
    Rental property equity: $100,000, Consumer debt: $120,000
    First meeting with attorney 12/16/08
    Upshot: 60 mo plan, ~80% payback, rentals to trust & mom retires!

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