Chapter 13
How Chapter 13 Works
Once you have met with me for an initial consultation, you will be asked to collect a number of documents and complete a questionnaire. Upon completion and return of the information to my office, your next task will be to complete an online credit counseling course.
My office recommends using Cricket Credit Counseling, which can be found at cricketdebt.com. This credit counseling course can also be taken prior to meeting with me. Please use attorney code 410001. Upon completion of the petition, schedules, and plan by me, you will be contacted for another meeting to review the petition, schedules and plan for accuracy, signing, and collection of attorney and filing fees. You will be required to make your first plan payment within 30 days of filing.
Approximately one month after filing, you will be required to attend a hearing in front of a bankruptcy trustee, referred to as the meeting of the creditors or 341 hearing. The main purpose of the hearing is for the trustee to determine whether you will be able to make payments under the chapter 13 plan, and whether the plan can be properly funded to pay unsecured creditors and arrears to secured creditors.
Within two months of the meeting with the trustee, the court will confirm the chapter 13 plan and the trustee will begin making payments to your creditors. Before your last plan payment, you must complete a financial management instructional course. This course may be taken through Cricket Credit Counseling at cricketdebt.com. Upon making your last payment, the trustee will disperse all remaining funds to your creditors and the court will order a discharge of most of your unsecured debts. For more information on chapter 13 bankruptcy, click here.