33 The fresh Part thirteen fee several months try 3 years, otherwise five years when your newest monthly earnings of the borrower additionally the debtor’s lover isn’t lower than the fresh applicable county average earnings. The new Chapter thirteen package commission period is less than three otherwise five years, “however, as long as the plan offers up fee in full away from all the anticipate unsecured says more a shorter period” (11 You.S.C. §1325(b)(4)).
40 Within the lso are Graham, 63 B.Roentgen. 95 ( Elizabeth.D. Pa. 1986); along with re also Thread, thirty-six B.Roentgen. 44 ( Elizabeth.D.Letter.C. 1984).
41 In lso are Edwards, 207 B.R. 728 ( N.D. Fla. 1997); look for and Resnick and you may Sommer, Collier on the Bankruptcy proceeding, during the ¶[a].
45 eleven You.S.C. §1328. Look for generally Resnick and you can Sommer, Collier for the Bankruptcy proceeding, on ¶TX1.08. To begin with, a debtor which accomplished a part 13 repayment plan you are going to missing most of the personal debt but long-identity personal debt, alimony, and you can child service (Beam, “S.540: This new Passing of one’s Chapter thirteen Awesome Discharge?” 13-5 American Case of bankruptcy Institute Journal 16 (June 1994)). S.C. §523(a)(8)), drunken operating expense (11 U.S.C. §523(a)(9)), and moneys owed to own restitution and you can violent fines (eleven You.S.C. §1328(a)(3)) signing up for the newest roster of nondischargeable debt. Before BAPCPA are enacted, Section thirteen given better debt settlement than simply a part eight liquidation (Mather and you may Weisman, BNA Tax Administration U.S. […]