Howell, MI asked in Bankruptcy for Michigan

Q: How much can a trustee take?

I am in Michigan and filing chapter 13. I have approximately 25k in unsecured debt. I am repaying the entire amount. After all of the payments it will total 48k. The trustee is getting almost 14k in payments. I interpreted it as the trustee was only entitled to a percentage (roughly 5%) of the total amount of debt repayed. My attorney has factored in the value of my home and said that the trustee gets a percentage of that which increases the money they receive by almost 10 times.

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1 Lawyer Answer
Jeremy B. Shephard
Jeremy B. Shephard
  • Bankruptcy Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: I would recommend discussing any questions you have with your attorney. If you are a 100% Chapter 13 plan then you won't be obligated to pay more than all the creditors that file claims, the trustee commission, and your attorney's fees. There may be a small interest component paid to your creditors as well. Your attorney will be able to provide additional details pertinent to your situation.

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