I've put together an example of a chapter 13 plan. Sometimes, it's easy to visualize it in this particular case. Actually, it's kind of a typical example of a family in a chapter 13 situation. Here, we have this particular family with $14,000 in mortgage arrears. The bank wanted to foreclose on their house based on the fact that they are $14,000 behind. They wanted either the lump sum or a reduction. The family had $35,000 on their credit cards and a second mortgage of $90,000. So, how do we treat that in this particular example? We'll total it up to $125,000 in total unsecured debt, which includes their credit cards and the second mortgage. In this case, we'll pay that through the plan at 2% of the total, $125,000. This is based on income and other circumstances, but in this case, it would be 2% or $2,500. So, basically, this is what they would pay back over five years - $2,500 with no interest or penalties. Now, the second mortgage is included as an unsecured debt because the house is underwater. In other words, the house is not worth more than the first mortgage, so the second mortgage of $90,000 becomes unsecured. We treat it the same way we treated the credit card debt. So, this becomes a big moment, almost $1,000 a month for these people to pay every month. And because, again, the house isn't worth more than the first mortgage, the second mortgage becomes unsecured like the credit cards, totaling $125,000, which then becomes $2,500. In the final results, we take the $14,000 in secured mortgage arrears, which we can't eliminate, but we can pay back without interest, penalties, and late fees. They can't foreclose on these folks. So, we take $14,000 plus the $2,500, and there's a...
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St 13 ma Form: What You Should Know
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