Missouri Chapter 13 Bankruptcy
Missouri Chapter 13 Bankruptcy
In a Chapter 13 bankruptcy, a debtor proposes a budgeted repayment plan to the creditors, offering to pay off all or part of the debts from the debtor’s
future income. Debtors sometimes file a Chapter 13 to prevent a house foreclosure; catch up missed car or mortgage payments; pay back taxes; stop interest from accruing on your tax debt (local, Missouri state, or federal); and get debt relief while keeping valuable, non-exempt property. The repayment period for some debtors can be as short as three years, while other debtors may have as long as five year repayment plans. After you complete your repayment plan, any remaining dischargeable debt will be discharged.
The amount a debtor has to pay back in a Chapter 13 plan is determined by several factors, including the debtor’s current monthly income, often determined as part of the Means Test. In addition, the total amount paid to creditors under the Chapter 13 plan must be at least as much as creditors would have received if a Chapter 7 “liquidation” bankruptcy had been filed. To file Chapter 13 bankruptcy you must have a regular source of income and have some disposable income to apply toward your Chapter 13 payment plan.
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St. Robert, Missouri 65584
Once the bankruptcy case is filed, a Chapter 13 debtor comes under the immediate protection of the court from their creditors, called the “automatic stay”, and a “trustee” is assigned to administer the case. The trustee is an attorney charged with representing a debtor’s “bankruptcy estate”, as well as managing the monthly plan payments from the debtor and disbursements to creditors.
In a nutshell, the Chapter 13 debtor is paying what he or she can afford to pay according to the law. However, a Chapter 13 bankruptcy may not discharge your obligation to pay the following debts:
- Certain tax debts
- Pre-petition debts not listed in the bankruptcy and post-petition debts
- Domestic support obligations, including alimony and child support
- Joint marital debts you were ordered to pay in a divorce judgment
- Educational and student loans
- Damages arising from a death or injury caused by debtor’s operation of a vehicle if drugs or alcohol were involved
- Damages arising from a willful and malicious injury caused by the debtor
- Money, property, or services obtained by the debtor’s false pretenses or fraud
Carrie B. Williamson – Attorney At Law – Missouri Chapter 7 Bankruptcy – Missouri Chapter 13 Bankruptcy
Carrie Williamson serves clients across central Missouri, working primarily in the areas of consumer bankruptcy, probate, and real estate.
Carrie is board member of the Waynesville-St. Robert Chamber of Commerce. She previously served on the Pulaski County Extension Council and on the board of directors of the Pulaski County Growth Alliance. Carrie volunteered as a Pulaski County Master Gardener for many years. In 2015, Carrie and her husband acquired “Wild Side Farm,” a 26 acre property in Richland, Missouri, which they are developing as an ecological agriculture venture.
- B.S., Animal Science, University of Missouri-Columbia, 1993
- B.S., Equestrian Science, Stephens College, 1993
- M.B.A., Webster University, 2003
- J.D., Magna Cum Laude, University of Missouri-Columbia School of Law, 2010
- The Missouri Bar (Since 2010)
- Pulaski County Bar Association
- American Bankruptcy Institute
Areas of Practice
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- U.S. District Court, Eastern District of Missouri
- U.S. District Court, Western District of Missouri