I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
An $80 per month Plan can be confirmed. The Ch. 13 Trustee in the Poughkeepsie Court objects to Plans featuring payments of less that $50 per month, and frequently will try to get a low paying Plan increased to $75 per month, but $80 per month will clearly work. Tax refunds received during the...View More
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
In the Poughkeepsie Division of the SDNY, where I practice, for a Chapter13 Plan to be confirmed it must provide for a monthly payment of at least $50 to $75. Your payment may have to be greater, in order to comply with the hypothetical liquidation analysis prong of the requirements for...View More
If the economic impact payments (stimulus checks) were not taken by the chapter 13 trustees then why would the recovery rebate be taken. The recovery rebate is provided on the federal tax return for people who didn’t receive the full correct amount of their stimulus checks (economic impact... View More
Refunds founded in recovery rebates are not being seized in the Poughkeepsie division of the Southern District of New York, where I practice. The provisions of 11 USC 541(b)(11) make it clear that recovery rebates are not property of the bankruptcy estate.
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