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probably been asked 100 times

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    probably been asked 100 times

    But i will ask again, planned on doing a chapter 7 with my wife but didn't happen since she was on disabilty and finally got money that didnt allow us to pass the means test. Since then we have seperated and i have moved out but need to get my life started again. I live in california bring home 4k a month what can i expect to pay % wise after i have figured living expenses. I know if im garnished 25 % of my pay they can take, but what may it be filling chapter 13? I pay 1300 a month in rent 500 in child support and 500 or so for our cars. Maybe another 800 for everything else.

    #2
    Not sure exactly what your question is. Are you trying to find out what percentage of your debt you will end up paying, or what percentage of your pay will go towards the plan?

    Either way, it's determined using a bazillion different factors that include your income, your secured debts, unsecured debts, priority debts, assets, and living expenses. If you are not legally divorced they may include your wife's income/expenses as well -- not sure how it works in your state. Your best bet would be to find a good bankruptcy attorney (or a few of them) and go for a free consultation. They can tell you all the details and advise you on the best options for your unique situation.
    DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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      #3
      The simple answer is that your payment is not based on a percentage of your income. All of your disposible monthly income must go into the plan. That's your gross income, minus taxes and other mandatory payroll deductions, minus allowed expenses (some of which are your actual expenses, but most of which are set by the IRS).

      Defintely get some free consultations with attorneys. But also do a lot of reading on this board and you will get a better understanding of how all this works. Remember, nothing you read hear can replace the advice of an attorney, but it's a good supplement and reality check. Every situtation is different.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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