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"Virginia Chapter 13 Information"

Basic Chapter 13 information and forms are available from Virginia bankruptcy courts. Be aware that official instructions provided by the court are significantly different that personal legal advice. Typically the determination of "disposable income" is fertile ground for creditor objections. Amendments to regulation of Ch. 13 payments are now pending before Congress. In particular, these pending amendments incorporate a universal standard for living allowances, rather than allow judges discretion to adjust payments for the needs of individuals.

11 U.S.C. chapter 1301, et seq.:
  • SUBCHAPTER I OFFICERS, ADMINISTRATION, AND THE ESTATE
  • SUBCHAPTER II THE PLAN

On March 5, 2004 the Virginia Bankruptcy Courts adopted newly adjusted dollar amounts which apply throughout the Code. The changes became effective April1, 2004. The adjusted amounts affect the values throughout carious Code sections, including the eligibility requirement for debtors who file Chapter 13, the value of claims which the Code treats as a priority claim, the amount of creditor claims need to instigate an involuntary petition, and the amount of luxury goods and services which may be considered nondischargeable if acquired within 30 days of filing. These changes to Virginia bankruptcy law were based on the Consumer Price Index published by the US Dept. of Labor, and increase values to reflect rising prices. These changes became mandatory every three years beginning in 1994.

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