I'm new here...Please help

[chelle]

[LimpDisc]

You can research the IRS standards for expenses at the following link.

http://www.justice.gov/ust/eo/bapcpa/meanstesting.htm

if you're interested in doing the BK means test you can use this link. It will calculate some of your expenses based on your zip code.

http://www.legalconsumer.com/bankruptcy/nolo/

[justbroke]

Does anyone know how much we are allowed for expenses for a family of our size? (6 in total)

See the link provided by LimpDisc.

My lease will be up in 6 months. Would it be wise to turn in the lease with the chapter 13 and buy a used car prior to filing?

This is something your attorney can help you strategize on. If you buy a used car, outright... prior to filing, you may be required to pay the non-exempt portion to your unsecured creditors! This is a strategy that you should talk to an attorney about. It's probably better, in Florida, to lease or finance a car before entering into a Chapter 13.

With the repayment plan, are some creditors paid back at a different percentages or do all the creditors get the same percentage?

Let's get secured creditors out of the way first. The secured creditors will be paid based on yoru plan and some of the contractual terms that you have with them. So secured creditors will, in fact, be paid at different rates.

As for unsecured creditors, the answer is no. They must all be paid the same. (When I write unsecured creditor, I mean general unsecured creditors and not a special class of unsecured creditors that have "priority"... such as the IRS and some other debts entitled to priority or "administrative" status.)

Can school loans be included in the Chapter 13, but paid at 100% for the five years? (so I don't have to worry about that once the 5 years are up)

Not at the expense of the other general unsecured creditors. Since school loans are in the general unsecured creditor pool, they get a pro rata share of your "disposable monthly income". They are also non-dischargeable. You could propose a plan that pays the school loans at a rate higher than the other creditors, but this usually won't fly with the Trustee or other creditors.

How hard is it to ask the trustee when my lease is up if I can buy a another vehicle? Anyone know of any finance companies that give loans while in chaper 13?

You actually have to petition the Court, not the Trustee, to incur debt. The Trustee must agree.

[chelle]

Thank you for replying so quickly.

[justbroke]

We're here all day.

[marie]

this forum is very addictive!