How Do They Calculate Your Chapter 13 Payment in Florida? – Bart

“Dear Lewis,

60,000 in credit card dept, mortage is up to date,wages have gone down for both my wife and me.
credit cards for two years used for food and gas after saving were gone

in chapter 13 how do they figure your disposable income (fl)
that you will pay creditors, and how can i find out if it would be enough to live on for 5 years
i found a chart that says about 1700 alotment for mortgage but mine is 2300

is there a way i can find out what my dissposeable income would be on my own before i file chapter 13

Thanks Bart”

Dear Bart,

Why have you addressed chapter 13 and not chapter 7? Have you already spoken to someone?

If I knew your household income and household size, I might be able to determine if you qualify for chapter 7.

Disposable income in a chapter 13 is determined in different ways depending on where in FL you live. I practice in 2 different divisions – Orlando and Jacksonville. While both use the means test, each division uses a different number to determine disposable income for unsecured creditors in a chapter 13. Therefore, if you qualify for chapter 7, a chapter 13 might not be the way to go.

In order to figure disposable income, you need all income and expenses, but there are two different tests – the means test and your current monthly income v. your actual current monthly expenses.

This is not something I suggest for someone to do on their own to decide whether they qualify for chapter 7 or only 13. Some attorneys miscalculate a means test, so I rarely encourage an individual to make the determination on their own.

My concern is that you are using credit cards for basic needs. If you file bankruptcy, you can no longer use credit for basic needs. Are you saying that without the credit cards, you have a shortfall every month on basic living expenses?

If so, it may be time to make hard decisions on keeping a home, with its mortgage, or possible high car payments.

I think you really need a full financial consult with a bankruptcy attorney. Digging out of $60,000 in credit card debt is impossible without using a bankruptcy.

Lewis Roberts
Lewis Roberts, PA
Attorneys at Law
785 W Granada Blvd #5
Ormond Beach, FL 32174
(386) 677-9450
(888) 897-3750 Fax

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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