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Chapter 13 Evaluator- Please click on hyperlinks for help in using this Evaluator.

1. Your monthly net income
2. Deduct your monthly expenses (Click here to calculate)
3. Difference (your monthly disposable income)
4. Child support or alimony arrears
5. Mortgage arrears
6. Other secured debt arrears
7. Tax debts
8. Unsecured Debt (Click here to calculate)
9. Subtotal I (debts you must repay in full)
10. Subtotal II Divide Line 10 by months in plan (usually 36-60)
11. 10% of amount in Line 3 (trustee's fee)
12. Subtotal III (Line 10 + 11) (Minimum amount you must pay each month)

Does the amount in line 3 equal or exceed the amount in line 12?

If it does that you have the basis of a viable Chapter 13 plan. If it doesn't then you need to consider other alternatives, such as Chapter 7 bankruptcy.

When your Chapter 13 repayment plan is submitted to the bankruptcy court, it must show that you are going to dedicate all of your "disposable income" to paying your creditors for at least three years. For purposes of Chapter 13 bankruptcy, your disposable income is everything you earn, less reasonable expenses for:

  • supporting yourself and your dependents, and
  • continuing, preserving and operating any business you run.

It is possible the court may approve a repayment plan for up to five years. If a longer repayment plan would help, recalculate the formula but insert 48 months in line 10 for a four year plan, or 60 months in line 10, for a five year plan. If you are still not close, consider filing under Chapter 7.

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