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A successful Chapter 13 case requires an experienced bankruptcy lawyer familiar with the prevailing judicial attitudes in the district and the myriad of unwritten local rules. More. Chapter 13 after confirmation of the plan. The means test in Chapter 13. How exemptions work in Chapter 13. chapter 13 as a tax tool
If your income is higher than the Pennsylvania median you will need to complete the means test calculation to determine if you can pay back a portion of your unsecured debts through a chapter 13 bankruptcy. Means Test Exemptions. If your debts are not primarily consumer debts then you are exempt from the means test.
Remember that the supposed purpose of the means test was to funnel consumers into Chapter 13. And most of the Chapter 13 cases we file pay little or nothing to unsecured creditors . The money paid into the plan goes to creditors my clients want to pay, like delinquent mortgages, car loans, and recent taxes.
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Means Test In Chapter 13. The means test now governs whether a proposed chapter 13 plan meets the "best efforts" test for confirmation. The alternate confirmation tests is the "best interests of creditors" test. It requires that creditors get at least as much in a Chapter 13 as they would have gotten in a Chapter 7 case.
Chapter 13 bankruptcy may be an option. If you failed the means test but want to move forward with filing for bankruptcy, explore filing for Chapter 13. What’s the difference between Chapter 7 and Chapter 13 bankruptcy? Chapter 13 bankruptcy allows you to reorganize your debt to repay some or all of it off over a three- to five-year period.
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Official Form 122C-1 (Statement of Your Current Monthly Income and Calculation of Commitment Period) and Official Form 122C-2 (Chapter 13 Calculation of Your Disposable Income) (collectively the "122C Forms") are designed for use in chapter 13 cases.