Steps in a Typical Chapter 13 Bankruptcy Case

Here’s how a typical Chapter 13 bankruptcy proceeds – from filing the petition to receiving the discharge.

Related Ads

Need Help? Talk to a Bankruptcy Lawyer

Enter Your Zip Code to Find Local Bankruptcy Lawyers

searchbox small

Step

When It Happens

1. You file for Chapter 13 bankruptcy.
2. The automatic stay takes effect. It bars your creditors, once they learn of your filing, from taking any actions to collect what you owe. When you file the bankruptcy petition
3. The court appoints a trustee to oversee your case. You will receive a Notice of Appointment of Trustee from the court. Within a few days after you file the bankruptcy petition
4. The court sends you and your creditors a Notice of Chapter 13 Case, which usually contains:
  • general information about Chapter 13 bankruptcy
  • a summary of your Chapter 13 plan
  • the date of the meeting of creditors
  • the date of the confirmation hearing, and
  • the deadline by which creditors must file their claims.
Within a few days after you file your Chapter 13 plan
5. Creditors file written objections to your plan, if they wish. At least 25 days before the confirmation hearing
6. You provide your most recent tax return to the trustee. The trustee may require other documents as well. At least seven days before the scheduled date of the first meeting of creditors
7. You begin making payments under your repayment plan. (If your plan is never approved, the trustee will return your money, less administrative costs.) Within 30 days after you file the bankruptcy petition
8. You attend the meeting of the creditors, where the trustee and any creditors who show up can ask you about information in your papers. A creditor may raise objections to your plan with the hope of getting you to modify it before the confirmation hearing. You must bring any documents the trustee requests and proof that you‘ve filed tax returns for the last four years. Within 40 days after you file the bankruptcy petition
9. You file a modified plan, if you wish. Anytime before the confirmation hearing. You must send a copy of the modified plan to all creditors, who are entitled to 20 days’ notice before the confirmation hearing. If you don’t give 20 days’ notice, you will have to schedule a new hearing date.
10. You or your attorney attends the confirmation hearing, where the court addresses any objections raised by creditors or the trustee and approves your repayment plan. The hearing must be held between 20 and 45 days after the creditors’ meeting, unless the court wants to hold it earlier and there is no objection to the earlier date.
11. Creditors file their Proofs of Claim, specifying how much they are owed. You may also have to file Proofs of Claim for creditors who don't file their own Proofs. Within 90 days after the creditor’s meeting (180 days for creditors that are government agencies). If you have to file Proofs of Claim on behalf of creditors, you must do so within 30 days after the 90-day or 180-day limit.
12. You or the trustee files written objections to creditors’ claims, if you have a reason to object. As soon as possible after the creditors file their claims. You must notify your creditors at least 30 days in advance of the hearing on your objections.
13. The trustee sends you periodic statements showing:
  • who has filed claims and for how much
  • how much money has been paid to each creditor, and the balance due each creditor.
Commonly, twice a year
14. You give the trustee annual income and expense statements. Every year while your Chapter 13 plan is in effect, if requested by the court, trustee, U.S. Trustee, or a creditor
15. You file a Certificate showing that you completed a course in personal financial management. Before you make your last plan payment
16. The court grants your discharge. The court may schedule a brief final court appearance called a “discharge hearing.” If there’s no discharge hearing, you’ll be mailed formal notice of your discharge. About 36 to 60 months after you file if you complete your plan payments; sooner if you seek and obtain a hardship discharge

 

Talk to a Bankruptcy Lawyer

Need a lawyer? Start here.

HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Connect with local attorneys
Related Ads
LA-NOLO3:LEADS.1.1.1.20150901.33681