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Example 1: The Jones Family
The Jones family has two automobiles on which they
owe a total of $15,000.00. The vehicles have a combined value of
$10,000.00. They also have credit card debts, finance company loans, and
medical bills totaling $9,000.00. Currently, their monthly payments on
the vehicles ($550.00 per month) and other debts total $1,000.00 per month.
They can't seem to make ends meet and are consistently falling behind in
their payments. How can a Chapter 13 help them?
In the example above, based on their monthly living expenses and their
income, the Jones family can only afford to pay $400.00 per month. A
proposed 70% plan would pay unsecured creditors 70% of the total amount
owed, but pay the automobile value in full, with interest. The plan payments could be reduced even lower by paying
the unsecured creditors a smaller percentage. In the example above, a
payment of 40% to unsecured creditors would result in a plan payment of
approximately $330.00 per month for 60 months. In each example, the value
of the automobiles is paid in full but the $5,000 excess debt on the vehicles is
treated as unsecured debt. If the vehicles are worth less than
$10,000.00, then the payments would be even less.
Bottom line: If the Jones file a Chapter 13 plan, their monthly payment
for all of their debts would be less than what they are currently paying for
just their cars!
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