Define: Wage-Earners Plan

Wage-Earners Plan
Wage-Earners Plan
Quick Summary of Wage-Earners Plan

The wage-earner’s plan, also referred to as Chapter 13 bankruptcy, is a bankruptcy option for individuals with a steady income. This plan enables them to restructure their debts and make payments over a span of three to five years. Its purpose is to assist individuals in overcoming debt and achieving financial stability once more.

Full Definition Of Wage-Earners Plan

A wage-earner’s plan, found in Chapter 13 of the US bankruptcy code, enables individuals with regular income to develop a repayment plan to settle their debts over a period of three to five years. For instance, John, burdened by medical bills and credit card expenses, files for Chapter 13 bankruptcy and devises a five-year repayment plan. He will make monthly payments to a trustee, who will then distribute the funds to his creditors. Similarly, Sarah, facing difficulty keeping up with her mortgage payments despite having a steady income, includes her mortgage payments in her Chapter 13 bankruptcy repayment plan. This allows her to retain her home and catch up on missed payments over the next few years. These examples demonstrate how a wage-earner’s plan can assist individuals with regular income in managing their debts and avoiding foreclosure or asset repossession.

Wage-Earners Plan FAQ'S

A Wage-Earner’s Plan, also known as a Chapter 13 bankruptcy, is a legal process that allows individuals with regular income to create a repayment plan to pay off their debts over a period of three to five years.

Individuals who have a regular source of income and whose unsecured debts are below a certain threshold are generally eligible for a Wage-Earner’s Plan. However, there are specific criteria that must be met, and it is advisable to consult with a bankruptcy attorney to determine eligibility.

Under a Wage-Earner’s Plan, the debtor proposes a repayment plan to the bankruptcy court, outlining how they will repay their debts over the designated period. The court reviews the plan, and, if approved, the debtor makes regular payments to a trustee, who distributes the funds to creditors.

Most types of debt can be included in a wage-earner’s plan, including credit card debt, medical bills, and personal loans. However, certain debts, such as child support, alimony, and some tax obligations, cannot be discharged through this process.

Yes, one of the benefits of a wage-earner’s plan is that it can halt foreclosure or repossession proceedings. By proposing a repayment plan, the debtor can catch up on missed mortgage or car loan payments over time, preventing the loss of their property.

A wage-earner’s plan typically lasts between three and five years, depending on the debtor’s income and the amount of debt to be repaid. The court determines the duration of the plan based on the individual’s financial circumstances.

In some cases, a wage-earner’s plan can reduce the amount of debt owed. The court may approve a plan that allows the debtor to pay only a portion of their unsecured debts, with the remaining balance being discharged at the end of the plan.

Filing for a Wage-Earner’s Plan will have a negative impact on your credit score. However, it is important to note that if you are considering this option, your credit score may already be affected by missed payments or high levels of debt.

In certain circumstances, it may be possible to convert a wage-earner’s plan to a Chapter 7 bankruptcy, which involves liquidating assets to repay debts. However, this decision should be made in consultation with a bankruptcy attorney, as it depends on various factors.

Yes, a wage-earner’s plan allows individuals to keep their assets, including their house and car, as long as they continue making the required payments outlined in the repayment plan. However, it is essential to stay current on these payments to avoid potential repossession or foreclosure.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 30th April 2024.

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