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

Asked almost 2 years ago - Bozeman, MT

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)

  1. Matthew Erik Johnson

    Contributor Level 17

    8

    Lawyers agree

    Answered . 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... more
  2. Gregory Howard Wiley

    Contributor Level 16

    6

    Lawyers agree

    3

    Answered . 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.

  3. Stephen M Trezza

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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... more
  4. Gary D. Bollinger

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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?

  5. Derek R. Caldwell

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  6. Patrick M. Hunter

    Contributor Level 9

    2

    Lawyers agree

    Answered . 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.

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