If I’m still currently in Chapter 13, how much money am I allowed to store away in a savings account?

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If I’m still currently in Chapter 13, how much money am I allowed to store away in a savings account?

In other words can the trustee take that money away if they find out about it or am I protected?

Asked on June 2, 2015 under Bankruptcy Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In Chapter 13, a debtor keeps all their property. If they can save while in bankruptcy, there is nothing in the law that prohibits them from doing so. In fact, legally there is no limit as to what can be saved. That having been said, in a Chapter 13, a debtor is required to repay what they owe creditors via a court approved repayment plan. So if a debtor has enough income to save a lot of money, it can be argued that they may not be paying enough into their plan. Additionally, the amount of property (savings accounts included) that a debtor owns own at the time of their filing will affect what they are required to repay. Specifically, there is a requirement that a Chapter 13 repayment plan pay creditors at least as much as they would receive if the debtor had filed for a Chapter 7. 

The fact is that this can get complicated and technical, so you would be best advised to consult with a bankruptcy attorney in your area as to all of this.


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