Question: How Does Providing Elderly Care For My Mother Work If I File Chapter 13?

How do I protect my inheritance from Chapter 13?

In most states, an inheritance is not considered exempt property. Therefore, in your Chapter 13 plan you would have to make sure that the total amount of your repayment at least equals the value of the inheritance.

What are reasonable living expenses under Chapter 13?

Reasonable expenses in bankruptcy include the basics such as rent or mortgage payments, utilities, insurance, phone and internet charges, property taxes, pet care, union dues, employment expense, school and sports for minor children, etc.

What happens to your house when you file Chapter 13?

If you want to keep your home, you must stay current on your mortgage during your Chapter 13 case. In many Chapter 13 bankruptcies, you will pay your mortgage lender directly. Keep in mind that the trustee receives a percentage of all of the funds paid through your plan—and you’ll pay the trustee that amount.

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Can I put money in savings while in Chapter 13?

You can file a Chapter 13 bankruptcy petition if you have savings but the savings become part of the bankruptcy estate and unless some portion of the savings is exempt under the state or federal exemptions the savings can be used to pay creditors.

Can you pay off your Chapter 13 early?

In most Chapter 13 bankruptcy cases, you cannot finish your Chapter 13 plan early unless you pay creditors in full. In fact, it’s more likely that your monthly payment will increase because your creditors are entitled to all of your discretionary income for the duration of your three- to five-year repayment period.

What is considered disposable income for Chapter 13?

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 happens if my income increases during Chapter 13?

If your income rises by only a small amount, the bankruptcy trustee might not make any changes to your plan. If you get a promotion and/or raise while in Chapter 13 bankruptcy, be sure to report your change in income to the bankruptcy court immediately.

Does SSDI count as income for Chapter 13?

En español | No. Federal law says your benefits are protected. On several occasions, Congress has made it clear that Social Security benefits are to be excluded from the financial assets used to repay creditors in a bankruptcy case.

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What do you lose when you file Chapter 13?

Although a Chapter 13 bankruptcy stays on your record for years, missed debt payments, defaults, repossessions, and lawsuits will also hurt your credit and may be more complicated to explain to a future lender than bankruptcy.

Will Chapter 13 take all my money?

In Chapter 13 bankruptcy, you must devote all of your “disposable income” to repayment of your debts over the life of your Chapter 13 plan. Your disposable income first goes to your secured and priority creditors. Your unsecured creditors share any remaining amount.

Can you keep your tax refund after filing Chapter 13?

When you initially file for Chapter 13, you’ll need to protect your tax refund with an exemption to keep it, or use it for necessary expenses before filing, as discussed above. If you can’t, you’ll pay it to your creditors. If your plan pays less than 100% to creditors, the trustee can keep your tax refund.

What is the average monthly payment for Chapter 13?

The average payment for a Chapter 13 case overall is probably about $500 to $600 per month. This information, however, may not be very helpful for your particular situation. It takes into account a large number of low payment amounts where low income debtors are paying very little back.

Does Chapter 13 trustee check your bank account?

During Chapter 13 bankruptcy, you make regular payments to the trustee in charge of your case as part of your court-approved debt repayment plan. The trustee also reviews your bank accounts to make sure you’re not hiding assets from the court and your creditors.

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What happens if I win the lottery while in Chapter 13?

A Chapter 13 debtor’s plan is required to provide “ all of the debtor’s projected disposable income… to unsecured creditors under the plan.” Since lottery winnings are disposable income, the debtor had to either fork over the winnings or see her case dismissed. The end result was the case was dismissed.

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