Consideration claims are those offered unique position because of the case of bankruptcy rules, like most taxes plus the costs out of case of bankruptcy
After the conference from loan providers, the brand new debtor, this new part 13 trustee, and the ones financial institutions who would like to sit-in can come in order to courtroom having a listening into debtor’s section 13 installment package.
Costs to particular covered creditors (we
Unless of course the brand new judge offers an extension, the latest debtor need to document a fees bundle to your petition or contained in this 2 weeks after the petition are registered. Given. Roentgen. Bankr. P. 3015. Plans must be registered for legal approval and really should promote to possess payments off repaired wide variety toward trustee into a routine base, typically biweekly otherwise monthly. The latest trustee following directs money in order to loan providers with respect to the regards to the plan, which may render loan providers less than full commission on the states.
You can find about three style of states: top priority, protected, and you may unsecured. (3) Protected says are those whereby the brand new creditor contains the correct restore specific assets (we.age., the latest guarantee) in the event your borrower will not pay the root obligations. Weighed against covered claims, unsecured claims are generally those by which the brand new creditor has no unique rights to get against style of possessions owned by the fresh new borrower.
The plan must pay priority says in full except if a specific priority collector believes to different remedy for the brand new allege otherwise, regarding a residential service obligation, unless of course brand new borrower adds most of the «disposable income» – chatted about below – in order to a good four-12 months package.eleven U.S.C. 1322(a). Sigue leyendo