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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 05-19-2006, 05:40 PM
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Join Date: Dec 2004
Posts: 27

Confused - Does Chpt. 13 Reduce What You Owe?


What is the name of your state? GA
I have been reading a lot over the past few days about Chpt. 13 & Chpt. 7 Banktrupcy.
My girlfriend seriously needs to file.
She has a car payment, student loans, medical bills and credit card dept totalling over $60,000. After paying rent, car payment, insurance, day care, etc. she has approx. $300 left over. Well she just had her wages garnished ($550 mo.) to payback a student loan and now she cannot afford to pay her bills. She makes approx. $58K a year and from what I have been reading, she will not qualify for Chapter 7.
My question is if she files Chapt. 13, will any of her debt be reduced? I realize that the trustee sets a monthly payment that she can "afford" but for how long? And after that time frame, does she still owe any ballance to her creditors?
Thanks for your help.
  #2  
Old 05-19-2006, 06:24 PM
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Join Date: May 2001
Posts: 6,615
Unsecured debt like CC's will very likely have the balance owed signficantly reduced. If she has owned her car more than 910 days, the amount owed can be crammed down to reflect the market value of the car.
Student loans ain't going anywhere.
She needs to see a lawyer and get her options explained.
  #3  
Old 05-19-2006, 07:06 PM
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Join Date: Dec 2004
Posts: 27
Thanks Bigun.
I knew that the student loans were there to stay.
I was really interested in the duration of the bankruptcy payments and what happens to the other balances afterwards.
For instance, if the trustee decides that she can afford $300 per month for 5 years then she would have paid back only $18,000. This is not even close to the $60,000 that she owes. Actually, her student loans account for approx. $20,000 of her debt so the 18k does not even cover that.
She also owes approx. 10K for her car, 15k in medical bills and 10k in credit cards.
What will happen to these debts both during the duration of the bankruptcy and then after the 5 years are up?
Just looking for a typical scenario.
Thanks again.
  #4  
Old 05-19-2006, 07:21 PM
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Join Date: May 2001
Posts: 6,615
If she completes the 13 plan, the balance of those debts are considered discharged.{CC's and medical and possibity part of the car loan}
The student loans are a priority payment and if included in the plan will be paid at 100%. Once the plan is finished, she will still owe the balance on the SL's.
  #5  
Old 05-19-2006, 08:03 PM
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Join Date: Dec 2004
Posts: 27
Thank you again.
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