How Much Do You Pay in Chapter 13?
Learn which debts you must pay back when you file for Chapter 13 bankruptcy.
The total amount you will have to repay your creditors over the length of a Chapter 13 case depends on a number of factors, including the type of debts you owe and the philosophy of the bankruptcy judges in your area. You can get a rough idea by following these steps.
1. Add up the total value of your "nonexempt" property. Each state has laws that determine which items of property are exempt in bankruptcy, and in what amounts. For instance, many states exempt health aids, "personal effects" (things such as electric shavers, hair dryers and toothbrushes), ordinary household furniture and clothing without regard to their value.
Other kinds of property are exempt up to a limit. For example, in many states, furniture or a car is exempt to several thousands of dollars. This exemption limit means that any equity in the property above the limit isn't exempt. (Equity is the market value minus how much you still owe.)
Generally, the following items are exempt:
- motor vehicles, to about $2,000
- reasonably necessary clothing (no fur coats)
- reasonably necessary household goods and furnishings
- household appliances
- jewelry, to a few hundred dollars
- personal effects
- life insurance (cash or loan value or proceeds), to about $4,000
- part of the equity in a residence (the amount varies from state to state)
- pensions
- public benefits
- tools of a trade or profession, to a certain value, and
- unpaid but earned wages.
- Any of your unsecured debts are "priority debts" -- such as back taxes or child support -- which must be repaid in full.
- If you have little nonexempt property and propose paying back only a small portion or your unsecured debts, those creditors might object to your plan. In some parts of the country, bankruptcy courts may approve Chapter 13 plans in which unsecured creditors receive nothing. In other areas, courts rarely approve Chapter 13 plans unless unsecured creditors receive 100% of what they are owed. Most courts fall somewhere in between.
2. Add the amount of missed payments you owe to any secured creditors, such as mortgage or car lenders, whose property you want to keep. Include interest at the rate specified in your contract with the creditor.
3. Some courts require that you add an amount equal to at least three year's worth of interest on the amount in Step 1. There are several ways to figure out the rate you might have to pay; for now use 10%. This money may be required to compensate creditors for the fact that they're getting their money over a period of years instead of all at once.
4. Add 10% of your subtotal to cover the fee charged by the bankruptcy trustee, the person appointed by the court to oversee a bankruptcy case.
5. Total all the figures you've listed. This is approximately the amount you'd have to pay in a Chapter 13 case.