I am really confused about meeting with a bankruptcy lawyer yesterday.

It could be possible that the $100 for 36 months in a Ch 13 is based on the fact that you would only be paying so much percent of your debt back. For instance, I'm in a 13 myself, and my plan is set up that my creditors are only getting 2% of the debt I owe them. For example, I owe one of my creditors $1000, but they will only be getting $20, because my plan is set up to pay only 2% back of what is owed to unsecured creditors.

What is owed and what they'll be getting
$500 = $10
$5000 = $100

Above are more examples of some of my debt that is owed and what I will actually be paying them.

MLM - I am in the process of filing chapter 13 - how will my lawyer come up with the total monthly payment? You said you pay 2% - does this have to do with how much money we make?

Liem, When I met with my attorney regarding chapter 13 he let me know that my tax refund would be safe - he said because I am going to file chapter 13, I will get the whole refund when I do my taxes.

Bethwiso,

Not necessarily, because I make decent money, enough that made me ineligible for a Ch 7. I'm not exactly sure how he got that figure, but it might to alot to do with how much unsecured debt you have. I don't own a house or anything, but my car is include in my plan, which is a secured debt. That's a question for your attorney to answer.

I will say this though, no unsecured creditors of mine objected to only being paid 2%.

Thank you so much for everyones response, I am just so scaried of filing, I mean I want to file just to get a fresh start, but i am just so scaried they are going to come after my taxes.

Guest - no creditor can go after your tax refund...once you file for BK protection, all claims must go through the court. The trustee will handle all this for you. It is up to the trustee to review your tax refund situation and will determine if you get to keep any or all of your refund. I believe I read somewhere that the first 1500 dollars of your refund you may be able to keep, any thing above that is considered discretionary income and MAY be claimed by the court.

I would discuss this with your attorney.