If you're considering filing for Chapter 13 bankruptcy and want to understand what's involved in preparing and filing the Chapter 13 forms, this guide is for you. Understanding Chapter 13 bankruptcy forms thoroughly is a great place to start because they're the cornerstone of the case. The forms provide the court, the trustee appointed to your case, and your creditors a detailed outline of your assets, debts, income, and expenses.
A word of caution. Because Chapter 13 is a complex process, filing without the help of an attorney isn't advised. But familiarizing yourself with the information needed in Chapter 13 will enable you to assist your lawyer better—and, if you're willing to do the work, filing for Chapter 13 without a lawyer is indeed possible.
The primary, most notable difference between Chapters 7 and 13 is the Chapter 13 repayment plan. The Chapter 13 plan restructures debt payments by stretching them over three to five years, often lowering the amount you're required to pay based on your income and ability.
Because Chapter 13 doesn't immediately eliminate qualifying debts like Chapter 7, filers must have a steady income and be able to pay at least a portion of their debts through the structured plan. By contrast, Chapter 7 filers don't qualify unless their income is low enough not to exceed established income maximums.
Every Chapter 13 bankruptcy court uses the same standard set of forms. These forms are fillable and downloadable, so it's simple to complete, print, and sign them before submitting them to the court to start the case. You can access all the necessary forms directly from the U.S. Courts Bankruptcy Form webpage.
A word of caution. Because the forms change periodically, you must use the correct forms to ensure accuracy and avoid case delays. You can prevent using outdated forms by obtaining them from the U.S. Courts webpage exclusively. You should also be aware that in many jurisdictions, filers must use the local Chapter 13 plan form, not the official form available on the U.S. Courts webpage.
Filing for Chapter 13 bankruptcy is a significant legal procedure that unwinds and restructures the contracts and agreements between you and your creditors. Because bankruptcy impacts the rights of all involved, the process involves a strict adherence to bankruptcy laws, and completing the forms with precision and transparency can ensure the matter proceeds smoothly and with minimal issues.
Grasping the requirements of each form and diligently completing them with care is a vital step toward a smooth Chapter 13 process. You are required to file the following forms.
This document is, in effect, a cover page that provides foundational information about you, your debts, and your assets. You'll need identifying details, such as your name and address, the specific bankruptcy chapter you're filing under, and confirmation that you've completed the required pre-bankruptcy course.
This form provides the court, trustee, and creditors an overview of your finances by requiring the totals from each form to be included on this form.
On this form, you must list everything you own, even items of seemingly little value, so be thorough. You'll use "replacement value" for personal property, which is the amount it would cost to purchase a like item of comparable age and condition from a retail seller, not its original purchase price or potential resale value. For instance, the replacement value of a three-year-old television would be the cost to buy a similar three-year-old television in similar condition.
You'll want to use appraisals and estimates to establish values for real estate, vehicles, and other significant items. Estimates from reputable real estate or vehicle valuation websites are typically acceptable. Still, a professional appraisal might be necessary if the value is particularly challenging to determine.
On this form, you identify which property you're permitted to keep by citing the applicable exemption law. While Chapter 13 doesn't involve the liquidation of non-exempt assets, accurately listing your exemptions is vital because it directly influences how much you'll pay your unsecured creditors through your repayment plan. Bankruptcy exemptions vary considerably by state, and some states allow debtors to choose between their state's exemptions or the federal bankruptcy exemptions. Make sure you are using the correct set, and if you have a choice, select the set that offers the best property protection.
This schedule is where you will detail all secured debts—those backed by a lien on your property, such as mortgages and car loans—and your property serving as collateral. You'll need the creditor's information and the amount owed. For a debt to be secured, the lien must be properly recorded. The trustee will want proof that the lien was perfected, especially if the secured debt is owed to a friend or family member.
This is where you list all your unsecured creditors—those without a lien on your property. This typically includes credit card debt, medical bills, and personal loans. You'll need the creditor's name and address, the amount owed, and when you incurred the debt.
On this form, you disclose any ongoing contracts or leases where both you and the other party still have obligations to fulfill. Common examples include residential leases, car leases, and service contracts. You'll need to provide details about the contract or lease and the other party involved. In a Chapter 13 case, you generally have the option to "assume" (keep) or "reject" (give up) these contracts and leases, subject to court approval and your ability to make the required payments.
This schedule requires you to list anyone who is jointly obligated on a debt. This could be your loan's cosigner or the person jointly responsible for your credit card. You'll need to provide the name of the codebtor and the creditor they are codebtors with.
On this form, you'll provide information about all sources of income. This includes wages, salary, commissions, bonuses, pensions, social security, unemployment benefits, rental income, and any other form of income you receive. Accurately reporting your income is crucial for determining your ability to fund your Chapter 13 repayment plan.
This form represents your monthly budget. You'll include housing costs (rent or mortgage), utilities, food, clothing, transportation, medical expenses, insurance, and any other regular expenses you incur. Accurately reporting your expenses is essential for calculating your disposable income and determining the feasibility of your Chapter 13 repayment plan.
This is the petition's signature page. On this form, you'll declare that the information provided in your bankruptcy schedules is correct under penalty of perjury.
This form requires information not provided on the other schedules and forms, thereby completing your financial history and providing additional information to help the trustee find assets for creditors. You'll disclose details on past property transfers, creditor payments, and other transactions up to ten years before your bankruptcy filing.
This simple form requires you to list your full Social Security number. It is used by the court to verify your identity and ensure accurate record-keeping.
This notice provides important information about the different chapters of bankruptcy, the services available from credit counseling agencies, and the purpose of the bankruptcy trustee. While every individual filing for bankruptcy must receive the notice, whether you must file it with your other bankruptcy forms is determined by your local bankruptcy court.
You will need to provide the court with a list of all your creditors, including their names and mailing addresses. This list, often referred to as a "creditor matrix," is used by the court to send notices to your creditors. Your local bankruptcy court determines the specific format required for this list. Usually, it will be in the form of a mailing label list or another specific electronic file format.
This form helps determine your eligibility for Chapter 13 and whether your repayment plan must be three or five years. You'll report six months of income, calculate your average monthly income, and compare it to the median income for your state and household size. If your income is above the median, you'll propose a five-year plan and complete the disposable income Form 122C-2 calculation. Otherwise, you can propose a three-year plan and aren't required to complete Form 122C-2.
You must complete this form if your income exceeds the median for your state and household size. It calculates your "disposable income," or the amount remaining after deducting certain allowed and standardized expenses from your gross monthly income. You must pay unsecured creditors an amount equal to your disposable income through your Chapter 13 plan.
The Chapter 13 Plan is the most critical document in your Chapter 13 case. This form outlines your proposal for repaying your debts over three to five years. It details how much you will pay each month, how those payments will be distributed among your creditors (secured, priority, and unsecured), how you will handle secured debts (like mortgages and car loans), and how you will address any arrearages on those debts. The plan must be feasible, meaning you can afford to make the proposed payments, and it must comply with all applicable bankruptcy laws and rules.
Not everyone will need these additional forms when filing for Chapter 13. You'll likely need one if you're dealing with an eviction, your spouse lives in a separate household, or you paid a bankruptcy preparer or bankruptcy lawyer for help.
If you have an eviction judgment against you when you file for bankruptcy, you must complete this form. It provides the court with initial information about the judgment.
If you are making payments towards an eviction judgment against you, you will use this form to inform the court about those payments. This is only applicable if you have an eviction judgment against you.
If you're married and your spouse lives in a separate household, you'll use this form is to report monthly expenses. This helps the court get a more complete picture of the combined financial situation, even if the spouse is not filing for bankruptcy with you.
If you received assistance from a bankruptcy petition preparer (someone who is not an attorney but helps you complete the forms), this form is required. It includes a notice to the debtor, a declaration from the preparer, and their signature.
If you hired an attorney to assist you with your bankruptcy case, this form is used to disclose the compensation you paid or agreed to pay your attorney.
You'll submit copies of "521" financial documents that the bankruptcy trustee will use to verify the accuracy of your forms before the 341 meeting—the hearing you'll attend a few weeks after submitting your case. The trustee will also evaluate your proposed repayment plan to ensure it's feasible and complies with bankruptcy law, and possibly discuss potential concerns during the 341 meeting.
In addition to confirming your disclosures and reviewing the plan, the trustee will look for any indications of bankruptcy fraud. If fraud is detected, the consequences can be severe, including case dismissal, financial penalties, or even imprisonment.
A note of caution. This resource offers general information about completing Chapter 13 bankruptcy forms. Given that each individual's financial circumstances are unique, this information is not a substitute for personalized legal advice. Consulting a bankruptcy lawyer is the wisest approach to help ensure the best possible outcome for your specific situation.
Below you'll find some helpful suggestions that should help the Chapter 13 process proceed smoothly.
Your Social Security number is required to complete your bankruptcy petition. You'll also need it to identify yourself at the 341 meeting, unless the trustee agrees to accept another form. To ensure you're prepared, order your Social Security card now if you can't find it. It takes time to receive it, and if you don't have it for the 341 meeting, your case will be delayed until you receive it.
Use your name exactly as it appears on the photo ID you intend to use to prove your identity at the 341 hearing (driver's license, government ID card, or passport). If the names don't match exactly, the trustee will likely require you to amend the petition to reflect the spelling on the ID.
It's highly recommended that you obtain copies of your credit reports before completing the forms. Creditors use different credit bureaus, and pulling the reports from all major bureaus will help you identify and list all creditors, including those you might have forgotten. This thoroughness is especially important in Chapter 13, where all creditors are part of your repayment plan.
Don't expect the original creditor to inform various debt collectors and agencies about your bankruptcy. You can provide notice by including all debt collectors and collection agencies in the "List Others to Be Notified About a Debt That You Already Listed" section at the end of Schedule E/F. Don't list these parties as a separate debt because it will skew your total debt amount.
Protect your privacy, as required by bankruptcy law. When listing account numbers on forms, use only the last four digits. If you have minor children, refer to them as "minor child" rather than using their names. Also, when providing documents to the bankruptcy trustee, you should redact (black out) sensitive information like full account numbers and Social Security numbers unless they're explicitly required.
Filing a Chapter 13 case doesn't guarantee that you'll be able to use Chapter 13. The court must review and approve (confirm) your plan. The trustee might informally discuss potential plan problems with you at the 341 meeting, but it isn't required. The trustee and creditors can file an objection to your proposed plan for the bankruptcy judge to consider at the confirmation hearing. Typical objections involve your ability to fund the plan and whether it pays the amount creditors are entitled to receive.
If the court agrees that the plan is flawed, you'll likely be given time to fix (amend) the plan. You'll officially be in a Chapter 13 once your plan is confirmed.
Your plan payments will begin about 30 days after filing, even though it can take months for the court to confirm a plan. This structure ensures that the plan can be completed within the three- to five-year timeframe. The trustee will return plan payments to you if your plan isn't confirmed, except for certain interest-bearing payments, like car payments, which the trustee forwards to the creditor before confirmation.
You'll want to become familiar with the online Public Access to Court Electronic Records (PACER) system and take the steps necessary to use it. You'll use PACER to view your case's status, and contact information for the trustee, any lawyers involved, and creditors. All forms, pleadings, motions, and documents filed in the case are also listed in chronological order and can be viewed online. You can also search for other matters by name or case number. Keep in mind that you're allowed a small number of free views per quarter, after which you're charged, so use it only for the things you need.
Did you know Nolo has made the law accessible for over fifty years? We wholeheartedly encourage research and learning, and you can find many more helpful bankruptcy articles on Nolo's bankruptcy homepage. These resources can explain what bankruptcy can do, what you'll want to avoid before filing for bankruptcy, and more. Additionally, information needed to complete the official downloadable bankruptcy forms is on the Department of Justice U.S. Trustee Program website.
However, online articles and resources can't address all bankruptcy issues and aren't written with the facts of your particular case in mind. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.