$100.00 question/clarification

[BKinCA]

[BKinCA]

I guess I found the answer on one of the sticky’s… “The obvious expenses excluded from this list are payments to unsecured creditors (i.e. your credit card payments).” So that means that after my expenses are calculated and I am still left over with more than $100.00 payment for my cc I do not qualify for Ch 7 right?

[SinkingFast]

Anything you plan to discharge in the BK, you don't include those payments. CC's, a car, your house, whatever. Those payments don't get counted in your expenses.

The way the Law reads, between $100 and $166/mo in disposable income, the Court is supposed to calculate if a Ch 13 payment plan would pay back 25% of the debt you're discharging.

That's the way the Law reads.

Some places aren't applying it that way.

Our attny said here, where we live, if you have in excess of $100/mo in disposable income, the Court will force you to go Ch 13. Others in different parts of the Country have heard the same thing from attnys they've consulted with as well.

Is it true??!! Or just Urban Legend??!! We don't know for sure. No one has posted that has actually been their experience yet. Going for a Ch 7 in the grey area and winding up in Ch 13.

[anonymuse]

I think lawyers would push the debtor into a Ch 13 since they get a penalty when their Ch 7 cases should have been 13s.