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Do I have to include debt from credit cards as part of my chapter 13 bankruptcy plan?
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Is Bankruptcy Your Best Option?
How Bankruptcy Works
Chapter 7 Bankruptcy
Chapter 13 Bankruptcy
Bankruptcy for Small Businesses
Bankruptcy Filing and Procedure
Bankruptcy Exemptions
What Happens to Your Debts in Bankruptcy?
What Happens to Your Property in Bankruptcy?
After Bankruptcy
Bankruptcy in Your State
In Chapter 13 bankruptcy you must pay at least a portion of your unsecured debt through your Chapter 13 repayment plan. Because credit card debt is unsecured debt, you will end up paying all or part of it by the end of your repayment period. If you make all of your plan payments, whatever credit card debt (and other nonpriority, unsecured debt) is left at the end of your bankruptcy will be discharged.
How Much of Your Credit Card Debt Will You Pay?
How much you will end up paying on your credit card debt depends on your "disposable" income and the amount of your exempt property.
Exempt property. In order for the bankruptcy court to confirm your Chapter 13 repayment plan, it must pay your unsecured creditors at least what they would have gotten if you had filed for Chapter 7 bankruptcy. What creditors get in Chapter 7 depends, in large part, on how much of your property is not exempt.
Your “disposable” income. You must devote to your repayment plan whatever income is left over after you’ve paid certain allowed expenses. To learn how to calculate your disposable income, see Chapter 13 Bankruptcy Laws: Your Disposable Income.
Most Chapter 13 filers end up paying only a small portion of their credit card debt by the end of their Chapter 13 repayment plan.
To learn more about what must be paid in a Chapter 13 plan, see The Chapter 13 Bankruptcy Repayment Plan.
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