Chapter 13 Repayment Plan

Understanding plan mechanics under 11 U.S.C. Sections 1322 and 1325

Must Be Paid in Full

Priority claims under Section 507 must be paid 100% through the Chapter 13 plan. This is a confirmation requirement under Section 1322(a)(2). The plan cannot be confirmed if it does not provide for full payment of priority claims.

Common Priority Debts

Domestic support obligations (507(a)(1)) - child support, alimony, maintenance. These have the highest priority.

Certain tax claims (507(a)(8)) - income taxes for returns due within 3 years, assessed within 240 days, with returns filed within 2 years.

Administrative expenses (507(a)(2)) - attorney fees approved by the court, trustee fees.

Impact on Plan Feasibility

Large priority claims can make a plan infeasible. If you owe $30,000 in priority taxes over a 5-year plan, that alone requires $500/month before any other creditors are paid. If your disposable income cannot cover priority claims plus trustee fees plus secured debt payments, the plan cannot be confirmed.

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Related Resources

Section 1328 Discharge - Chapter 13 discharge rules and the superdischarge

Lien Stripping - How to remove underwater junior liens in Chapter 13

Hardship Discharge - Section 1328(b) discharge when you cannot complete your plan

Further Reading & Resources

Authority sources for deeper research on Chapter 13 plans and comparison:

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