Chapter 13 Bankruptcy Steps cont.

9. You file a modified plan, if you wish.

– this occurs anytime before the Chapter 13 Bankruptcy 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.

– this occurs 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.

– this occurs within 90 days after the Chapter 13 Bankruptcy 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.

– this occurs 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.

– this occurs usually twice a year

14. You give the trustee annual income and expense statements.

– this occurs 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 (Form 23) showing that you completed a course in personal financial management.

– this occurs 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.

– this occurs 36 to 60 months after you file if you complete your plan payments; sooner if you seek and obtain a hardship discharge.