Legal Question in Bankruptcy in Missouri
is it possible to pay off a chapter 13 bankruptcy, that was caused by emergency medical treatment for an uninsurred person. Also included are minor debts along with a auto.
1 Answer from Attorneys
I'm not quite sure what you're asking, but let me give some general information. In a Chapter 13, a debtor (person owing money) makes payments to a court official called a trustee, who makes payments to the creditors to repay all or a portion of the debts. All creditors must be treated the same, and generally, secured debts on property you are keeping are paid at the rate of 100%. For example, your car payment would remain the same since it is a secured debt, but the unsecured debts, such as medical bills either for yourself or someone for whom you accepted financial responsibility might be paid at the rate of 35% (number is an example and is determined by total amount of debt, your income, etc.). An auto that has been reposssed and for which there is a deficiency owing isn't a secured debt anymore; the deficiency is an unsecured debt and is paid at the same rate as other unsecured debts.
Chapter 13 Plans generally last about 3 or 5 years, depending on your income. It is possible, but not terribly common, for a Chapter 13 plan to result in all creditors being paid 100% of their claims. Even Chapter 13 plans that pay less than 100% of the unsecured creditors' claims will result in the debtor being relieved of personal liability for the remainder of the claim (ex., on a $10,000 claim paid at a 25% rate, the debtor would end up paying $2500 and not owe the remaining $7500).
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