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Example 2: The Smiths Family
The Smiths own one vehicle that is worth $4,000.00, but $7,000.00 is due on
the loan. They owe income taxes to the Internal Revenue Service and to the
Franchise Tax Board (California) in the total amount of $10,000.00. They
also owe $15,000.00 in various unsecured credit card debts, medical bills
and signature loans. Mr. Smith has lost his job and is on permanent
disability. How can a Chapter 13 help this family?
In this situation, based on their income and living expenses, the Smiths
can propose a 0% Chapter 13 Plan, which would pay the value of the vehicle
(with interest) and the taxes, but eliminate the unsecured debt and the
unsecured portion of the vehicle loan (the amount greater than the value.)
Their plan payment would be approximately $285.00 per month for 60 months.
Bottom line: The Smiths are eliminating $15,000.00 in unsecured debt and a
great deal of the interest and penalties associated with overdue taxes.
They get to keep their car and wipe out $3,000.00 on the loan.
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