The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor's assets were liquidated under chapter 7. In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income.
If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. The "applicable commitment period" depends on the debtor's current monthly income.
The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size—and five years if the current monthly income is greater than a family of the same size. The plan may be less than the applicable commitment period (three or five years) only if unsecured debt is paid in full over a shorter period.
In Kansas, Chapter 13 bankruptcy allows debtors to reorganize their debts and repay them over a set period. The repayment plan does not have to fully satisfy unsecured claims as long as it meets two conditions: the debtor commits all projected 'disposable income' to the repayment plan for the 'applicable commitment period,' and unsecured creditors receive at least as much as they would in a Chapter 7 liquidation. 'Disposable income' is defined as income left after subtracting necessary expenses for the debtor's maintenance or support, dependents' support, and charitable contributions up to 15% of the debtor's gross income. For business operators, 'disposable income' does not include funds needed for ordinary business expenses. The 'applicable commitment period' for the repayment plan is three years if the debtor's current monthly income is below the state median for a family of the same size, and five years if it is above. However, the plan can be shorter than three or five years if it pays off all unsecured debt within that time frame.