Why will I end up paying more then I actually owed in debts when my chapter is all over with?

Asked 10 months ago - Saint George, UT

My plan payments end up being more at the end up years then I even owed and that doesn't include the tax returns for the next years they want

Additional information

the only fee I didn't add is trustees because I thought it was commission. How does this help if I end up paying more

Attorney answers (4)

  1. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . If it is a 100% plan (or close), yes. Have you factored in attorneys fees, interest (where applicable), the Trustee commissions? You owe all those too.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you go into Chapter 13 with a 100% plan, you will pay the balance of your legal fees and the trustee commission in addition to all of your creditors. The reason this can still be a good deal is because 1) not all your creditors may file claims in your Chapter 13 and 2) the claims that are paid are paid at 0% interest. I would suggest that you look at the statements on your debts to see just how much money is going every month to interest. Usually, if you just make the minimum payment on a credit card, little or nothing goes towards reducing the principal balance. Chapter 13 is not right for everyone - if it offers you no benefit, don't do it! Hope this perspective helps!

  3. Derek R. Caldwell

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . If all your creditors file a Proof of Claim and you have a 100% plan, they will actually get about 105% to include a small interest payment. As Mr. Berkus indicated you will have to pay your attorney's fees (if any) and a trustee commission which can add several thousand dollars to the total amount you end up paying. As Ms, Bunce points out, you will likely end up paying less than 100% because many unsecured creditors do not file a Proof of claim and as long as they were properly noticed of your filing, they will not get anything AND their claim against you will be discharged.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  4. Cecelia J Pollara

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I assume you have an attorney who wrote your plan, and you should ask him/her to explain why it appears you are paying more than the total you think you owe. Assuming you have a "100% plan," you propose to pay the total of all debts owed, plus the trustee's fee, plus (possibly) attorney fees. Balance that against the interest (12-22%) rate on your credit card debt and it is actually a very good trade. If the creditor-claims total is ultimately less than your plan anticipated, you may get money back at completion.

    Answers are general only and do not consider the actual and particular circumstances of the questioner

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