Filing for Chapter 13: The Process

The following are the steps involved in a Chapter 13 bankruptcy.

  • File for your Chapter 13 bankruptcy. Within days, the court appoints a trustee to your case.
  • File your Chapter 13 plan, after which the court would send you and your creditors a Notice of Chapter 13 Case, containing information about a Chapter 13 bankruptcy, a summary of your Chapter 13 plan, the date of the meeting of creditors and the confirmation hearing, and the deadline for when creditors must file their claims.
  • If desired, creditors supply objections to your repayment plan.
  • Provide your last two years’ tax returns to your trustee.
  • Begin making payments under your repayment plan.
  • Attend the meeting of creditors where your trustee and creditors can ask you about the information in your papers. Typically you will have to make some adjustments to your plan to accommodate the trustee or creditors by filing an “amended plan”.
  • Attend the confirmation hearing. The court will address objections, and approve your plan.
  • Creditors file their Proof of Claim, specifying how much they are owed.
  • Next, you or your trustee would file written objections to creditor’s claims, if any.
  • Twice a year, your trustee will send you periodic statements showing who has filed claims and for how much, how much money has been paid to each creditor, and the balances left to pay. In addition, you can register with “National Data Center” and see your case in real time. This is a free service and it tracks all received payments and where your money is going.
  • Every year, you will give your trustee annual income and expense statements.
  • File a Certificate showing that you have completed a course in personal finance management.
  • After all of these steps and the completion of your 3 to 5 year plan, you receive your discharge!