Steps to File Chapter 13 Bankruptcy
1. Prior to the bankruptcy filing, the new bankruptcy law provides that an individual debtor must complete a credit counseling session with an approved credit counselor. Read more about requirements of the Bankruptcy Law…
2. Debtor must sign a written retainer agreement and retain a lawyer prior to the bankruptcy with the fee paid prior to the filing of the bankruptcy.
3. Client must review and sign the bankruptcy petition forms for Chapter 13.
4. Attorney files the Chapter 13 and the court date stamps all forms and issues a case number. The automatic stay of Bankruptcy prevents creditors from continuing to collect their debts. Read more about Emergency Bankruptcy filings….
5. The court assigns a Chapter 13 Trustee to the case, schedules a Meeting of Creditors for debtor and creditors, and serves written notice of the bankruptcy filing, Meeting of Creditors, and a Proof of Claim form on all of the creditors.
The Meeting of Creditors is generally held within 30 to 60 days of the filing date. The notice provides a date 90 days after the date set for the Meeting of Creditors within which creditors must file a Proof of Claim form in order to be paid by the Chapter 13 Trustee for the debt owed. A governmental unit such as the IRS has 180 days from the date the case is filed to file a Proof of Claim.
6. Debtor will tender his or her first payment due under debtor’s Chapter 13 Plan within the first 30 days after the Chapter 13 Plan is filed with the court.
7. At least seven days prior to the Meeting of Creditors, the debtor must provide copies of his or her current year’s tax return and payroll stubs (received within six months prior to the filing of the Chapter 13 petition) to the Chapter 13 trustee.
8. The debtor attends the Meeting of Creditors along with debtor’s attorney. The Chapter 13 trustee presides over the Meeting of Creditors. After asking questions of the client’s assets, income, payments to creditors prior to bankruptcy, if any, and generally confirming the veracity of the paperwork, the trustee allows other creditors who attend to ask questions as well.
9. The court holds a hearing to confirm debtor’s Chapter 13 Plan. If the Chapter 13 Plan is in proper form and neither the Chapter 13 trustee nor any creditor objects to it, the Chapter 13 Plan is confirmed by the court in a special hearing. Debtor’s attorney will attend such a hearing but usually not the debtor.
Keith F. Carr is an attorney practicing Bankruptcy, Divorce, and Estate Planning. Attorney Keith F. Carr has over 30 years experience. Founder of Law Offices of Keith F. Carr, located in San Francisco, San Jose, and Palo Alto, Ca.