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When must the debtor begin making payments to the chapter 13 trustee and how must they be made?

by admin | Mar 28, 2008 | Chapter 13 FAQs

The debtor must begin making payments to the chapter 13 trustee within 30 days after the debtor’s plan is filed in the court, and the plan must be filed with the court within 15 days after the case is filed. The payments must be made regularly, usually on a weekly,...

What is required for court approval of the chapter 13 plan?

by admin | Mar 28, 2008 | Chapter 13 FAQs

The court may confirm a chapter 13 plan if: (1) the plan complies with the legal requirements of chapter 13, (2) all required fees, charges, and deposits have been paid, (3) all priority claims will be paid in full under the plan, (4) the plan was proposed in good...

How much of a debtor’s income must be paid to the chapter 13 trustee under a chapter 13 plan?

by admin | Mar 28, 2008 | Chapter 13 FAQs

Usually all of the disposable income of the debtor and the debtor’s spouse for a three-year period must be paid to the chapter 13 trustee. Disposable income is income received by the debtor and his or her spouse that is not reasonably necessary for the support of the...

May employers or government agencies discriminate against persons who file under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

No. It is illegal for either private or governmental employers to discriminate against a person because that person has filed under chapter 13. It is also illegal for local, state, or federal governmental agencies to discriminate against a person as to the granting of...

Must an unsecured creditor’s debts be treated alike under a chapter 13 plan?

by admin | Mar 28, 2008 | Chapter 13 FAQs

No. If there is a reasonable basis for doing so, unsecured debts can be divided into separate classes and treated differently. It may be possible, therefore, to pay certain unsecured creditors in full while prying little or nothing to others.

Does a person lose any legal rights by filing under chapter 13?

by admin | Mar 28, 2008 | Chapter 13 FAQs

No. Filing under chapter 13 is a civil proceeding and not a criminal proceeding. Therefore, a person does not lose any legal or constitutional rights by filing a chapter 13 case.
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