How much does it cost to file Chapter 13 in Louisiana?

The filing fees for a Chapter 13 are currently $310 and the filing fees for a Chapter 7 are $335. The major difference between the two chapters is that in a Chapter 13 none of the attorney fees are required upfront, as they can be paid over time through the Chapter 13 plan.

How much do you pay back in Chapter 13?

In Chapter 13 bankruptcy, you pay your unsecured creditors an amount between 0 and 100% of what you owe them. The exact amount is depends on these rules: (1) The minimum amount you must pay is equal to the amount your unsecured creditors would have received had you filed for Chapter 7 bankruptcy.

Does Chapter 13 take all your money?

Chapter 13 trustees get paid by taking a percentage of all amounts they distribute to creditors through your repayment plan. This percentage varies depending on where you live but can be up to 10%. In addition, you typically have to pay interest on secured claims you are paying off through your plan.

What qualifies you for Chapter 13?

To qualify for Chapter 13 bankruptcy: You must have regular income. Your unsecured debt cannot exceed $419,275, and your secured debt cannot exceed $1,257,850. You must be current on tax filings.

Is it better to file a Chapter 7 or 13?

For many debtors, Chapter 7 bankruptcy is a better option than Chapter 13 bankruptcy. For instance, Chapter 7 is quicker, many filers can keep all or most of their property, and filers don’t pay creditors through a three- to five-year Chapter 13 repayment plan.

What is the maximum income to qualify for Chapter 13?

Chapter 13 Eligibility Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual’s unsecured debts are less than $394,725 and secured debts are less than $1,184,200.

How much do you have to be in debt to file Chapter 13?

To be eligible to file for Chapter 13 bankruptcy, an individual must have no more than $419,275 in unsecured debt, such as credit card bills or personal loans. They also can have no more than $1,257,850 in secured debts, which includes mortgages and car loans.

Can you be denied a Chapter 13?

In the majority of cases where the court denies a chapter 13 plan, it is because a debtor did not comply with requirements outlined by your attorney or the court. In order for your chapter 13 plan to be confirmed, you must: 2) Have made your first chapter 13 payment within 30 days of filing your case.

Which is worse on credit Chapter 7 or 13?

Chapter 7 and Chapter 13 bankruptcy both affect your credit score the same – having a Chapter 13 bankruptcy on your credit report will not be any better for your score than a Chapter 7. However, the individual reviewing your report will look at more than your score.

What do you need to know about Chapter 13 bankruptcy?

Chapter 13 Bankruptcy Basics. This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years. A chapter 13 bankruptcy is also called a wage earner’s plan.

Is there an automatic stay in Chapter 13 bankruptcy?

Chapter 13 also contains a special automatic stay provision that protects co-debtors. Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a “consumer debt” from any individual who is liable along with the debtor. 11 U.S.C. § 1301 (a).

What does disposable income mean in Chapter 13 bankruptcy?

In chapter 13, “disposable income” is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor’s gross income.

What do I need to file a chapter 13 tax return?

The debtor must provide the chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). Id.