Chapter 13 Bankruptcy Case Steps

1. You file for Chapter 13 bankruptcy.

– this occurs once you have paid your chapter thirteen bankruptcy filing fee.

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.

– this occurs once your bankruptcy lawyer files 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.

– this occurs within a few days after your bankruptcy lawyer has filed the bankruptcy petition.

4. The court sends you and your creditors a Notice of bankruptcy 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.

– this occurs within a few days after your bankruptcy lawyer has filed your proposed Chapter 13 plan.

5. Creditors file written objections to your plan, if they wish.

– this occurs at least 25 days before the confirmation hearing.

6. You provide your most recent tax return to the trustee. You may black out certain personal information, such as your Social Security number.

– this occurs 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.)

– this occurs within 30 days after your bankruptcy lawyer files the bankruptcy petition.

8. You attend the meeting of the creditors, where the trustee and any creditors who show up can ask you about the information in your bankruptcy 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.

– this occurs within 40 days after your bankruptcy lawyer files the bankruptcy petition.

Next Week – Chapter 13 Bankruptcy Steps 9 through 16