Skip to main content

I pay a monthly installment on a settlement, if I file for Chapter 13, can this be includled? A

Bozeman, MT |
Filed under: Chapter 13 bankruptcy

also, I have a garnishment for a repossessed vehicle. Can this be included in Chapter 13? How are payments calculated in Chap. 13, how long to they last? Will my name appear in the newspaper?

Attorney Answers 6

Posted

Yes, it can be included - however the degree to which the settlement can be reduced or removed via a Chapter 13 may depend on the settlement ad what it was for. Not sure if you can discharge a settlement for a DUI, for example... someone else may know better on settlements rather than judgments in those cases. I havent run into that one.

Payment calculations are made based on the individuals average monthly income and reasonable living expenses.

Plans last 3 or 5 years.

Do NOT do a Chapter 13 on your own. Do not!

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

Mark as helpful

8 lawyers agree

Posted

The repossession is a definite yes. As for the settlement, it will depend on the substance of the settlement. It is probably yes because most can be handled. Talk to a local bankruptcy attorney and bring the settlement paperwork with you.

Mark as helpful

3 found this helpful

6 lawyers agree

Posted

Yes the can be included. your plan payment will have four or five components. too much ti discuss here. you need a lawyer.

This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.

Mark as helpful

5 lawyers agree

Posted

You asked, " Will my name appear in the newspaper?"

Such listings are a rarity. Have you ever read a newspaper listing bankruptcy filings in your home town?

Mark as helpful

5 lawyers agree

Posted

I agree with my colleagues about whether your judgments and the repo can be included. The repo certainly can be, the judgment depends on what it is for. Talk to a lawyer near you about filing. Ch13 is way too complex for a lay person to try to handle and the ramifications of not doing the paperwork correctly are far too serious. Do yourself a favor and get an attorney to assist you.

If you are a public figure, local political figure, very prominent business person, celebrity or otherwise notable, yes I would think your bankruptcy would be noted in the paper. In general, the bankruptcy of an average citizen is not newsworthy.

DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Mark as helpful

3 lawyers agree

Posted

The settlement will actually have to be included in the Chapter 13 bankruptcy. It may be able to be treated as a general unsecured claim, in which it probably will get paid cents on the dollar , or it might have to be treated as a priority claim if it is in the nature of taxes or support. I have seen some judges who, as a result of an objection to confirmation, required 5 year plans as opposed to 3 years plans if there are debts that would not be discharged in a Chapter 7 as a good faith element (such as willful and wonton injury caused to another).

The garnishment is not a problem, and as far as publicity, that depends on your local newspaper. Most do not publish this information, but it is publicly available and could be published.

Mark as helpful

2 lawyers agree

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics