Error: Contact form not found.

Chapter 7 Bankruptcy

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

How to File for Chapter 13 Bankruptcy: A Step-by-Step Guide for Getting Started

How to File for Bankruptcy Chapter 13 in 6 Clear Steps

How to file for bankruptcy Chapter 13 is a common concern for people overwhelmed by debt but hoping to keep their property. Chapter 13 offers a structured plan to repay what you owe over time while protecting your assets from foreclosure or repossession.

In this article, you’ll learn the exact steps to file, how the process works, and what to expect during your Chapter 13 case.

Step-by-Step Guide on How to File Chapter 13 Bankruptcy

Filing Chapter 13 isn’t something you can rush. It involves several steps that must be followed precisely to avoid delays or dismissal.

Complete Credit Counseling

Before filing, you must complete a credit counseling session with an approved agency. This session usually takes about 60–90 minutes and helps you understand your options.

Gather Financial Documents

You’ll need to provide detailed information on your:

  • Income
  • Monthly expenses
  • Debts (secured and unsecured)
  • Assets and property

You will use these documents to create your repayment plan and determine if you qualify.

Prepare and File Your Petition

Your bankruptcy petition includes multiple forms outlining your financial situation. After you or your attorney complete the petition, submit it to the bankruptcy court. Filing triggers the automatic stay, which immediately stops creditor harassment, lawsuits, foreclosures, and wage garnishments.

Propose a Repayment Plan

You must submit a proposed repayment plan outlining how you’ll pay back your debts over 3 to 5 years. This plan must show that:

  • Secured debts (like mortgage or car loans) are paid
  • Priority debts (like taxes and child support) are covered
  • Any remaining disposable income goes toward unsecured debts

Attend the 341 Meeting of Creditors

Roughly a month after filing, attend a short hearing. The trustee and any creditors may ask questions, but you must participate, as the meeting is mandatory.

Begin Making Payments

You start making payments to the trustee within 30 days of filing—even before the court confirms your plan. Once approved, payments continue until the plan ends.

How to File for Bankruptcy Chapter 13 Successfully

To file successfully, focus on accuracy and consistency. Errors in your paperwork or missing deadlines can result in your case being dismissed.

Here’s how to increase your chances of approval:

  • Hire a bankruptcy attorney if possible
  • Ensure all forms are fully and truthfully completed
  • Submit your payment plan on time
  • Make all required payments to the trustee without missing deadlines

Your plan must be feasible and follow bankruptcy laws in your state. If you meet all requirements, your debts may be partially or fully discharged at the end of the plan.

What Happens After You File Chapter 13 Bankruptcy

Once your plan is approved:

  • You continue making monthly payments
  • Creditors cannot pursue collection efforts
  • Interest on some debts may be reduced
  • At the end of the plan, the remaining eligible debts are discharged

You’ll also need to complete a debtor education course before receiving a final discharge. This helps you learn money management skills to avoid future financial issues.

Start Today—Learn How to File for Bankruptcy Chapter 13

Need help understanding how to file for bankruptcy Chapter 13? You’re not alone. At Bankruptcy Attorneys, we connect people with trusted legal professionals who walk them through every step of the process.

Get started with a free evaluation to find out if Chapter 13 is right for your financial situation and how to move forward with confidence.

Frequently Asked Questions (FAQs)

Chapter 13 repayment plans typically last 3 to 5 years, depending on your income and debt level.

Yes, but it’s not recommended. The process is complex, and errors could lead to dismissal.

Yes. The automatic stay stops foreclosure and gives you time to catch up on missed payments.

You can include secured debts, unsecured debts, and certain priority debts like taxes or child support.

Possibly, but it may affect which debts are discharged. Speak with your attorney before making early payments.

Key Takeaways

  • Filing for Chapter 13 allows you to repay debt over time while protecting property
  • The process starts with credit counseling and detailed financial paperwork
  • Filing triggers an automatic stay that stops collections and lawsuits
  • You must propose and follow a court-approved payment plan
  • Legal support can make the filing process smoother and more successful

Start Your Free Bankruptcy Evaluation

Step 1 of 6

What is your total debt?

Step 2 of 6

What is your total monthly income?

Step 3 of 6

Do You Own Real Estate?

Step 4 of 6

What is the estimated value of your assets?

Step 5 of 6

Is an attorney or advocate already helping you with your bankruptcy?

Step 6 of 6
By clicking "Submit" you agree that you will be contacted by a legal representative, participating attorney, or affiliate via phone (including autodialers, pre-recorded calls), email or SMS (Msg & Data rates may apply) about your interest in finding an attorney. Consent is not a condition of the services.
CHAPTER 7 BANKRUPTCY
CHAPTER 13 BANKRUPTCY
CHAPTER 11 BANKRUPTCY
FAQ