Debts to be Paid in Chapter 13 Bankruptcy

  • David M. Offen,
  •   Chapter 13 Bankruptcy
  •   Comments Off on Debts to be Paid in Chapter 13 Bankruptcy

With a Chapter 13 bankruptcy, some debts must be paid back. There are many types of debts, all of which will be handled in a unique manner under the bankruptcy code.

The three types of claims are as follows:

  • Secured claims (most common)
  • Unsecured claims
  • General unsecured claims

File for BankruptcySince secured claims are most common, let’s take a closer look at how these are approached.

The way you pay these claims depends on a variety of factors, including how long your repayment plan will last.

In short, a secured claim is associated with debt that is secured by collateral. This includes but is not limited to:

  • Mortgage
  • Car loan
  • Property taxes

Generally speaking, secured claims are required to be paid in full, along with interest, after filing for Chapter 13 bankruptcy. How much you pay in interest is based on the type of debt.

Note: if you are unable to repay all of the money owed during a typical repayment plan, you will not be required to pay off the entire amount.

Unsecured Priority Claims

These types of debts are easy to pinpoint as they are not secured by collateral. That being said, these claims take priority over other types of unsecured debts.

In most cases, these claims are required to be paid in full through your repayment plan. Some of the most common types of unsecured priority claims include:

  • Income tax debt
  • Past due alimony
  • Past due child support
  • Chapter 13 attorney and administrative fees and expenses

General Unsecured Claims

If a claim is not considered secured or priority it is categorized as “general unsecured.” The most common types of debt that fits into this category include:

  • Personal loans
  • Credit card debts
  • Utility bills
  • Medical bills

As you go into the Chapter 13 bankruptcy process, you want to know where you stand with each type of debt. This will give you a clear understanding of how much you have to repay through your plan.

If you are thinking about filing Chapter 13 bankruptcy and want to take a closer look at your debts, contact us to setup a consultation.

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