Chapter 13 FAQs

If they call you, simply tell them that you have filed a Chapter 13, provide them with your case number and refer them to our office. If they mail you a statement or threatening letter, simply note on the correspondence that you have filed Chapter 13 and your case number and mail the correspondence back to them.

Simply bring the lawsuit, garnishment or foreclosure/repossession notice to our office and we will take care of it.

If you want to protect the codebtor or guarantor, the debt must be paid in full through your Chapter 13 plan. If you do provide for the debt to be paid in full through your plan to protect the codebtor, then the creditor is prohibited from attempting to collect the debt from the codebtor or guarantor. If not, the creditor can seek relief from the stay through the court against the codebtor or guarantor and pursue collection activity against the codebtor or guarantor.

You must obtain permission from the court to sell any property during the pendency of your Chapter 13. Contact our office for specific instructions as to the documentation you will need to provide and the steps we will need to take.

You must obtain permission from the Chapter 13 trustee to obtain any type of credit. You need to contact the trustee's office for specific instructions on how to obtain that permission. Please be advised that if you seek to obtain additional credit during your Chapter 13 case, the trustee can (and usually does) adjust your plan, requiring you to pay your creditors in full (which would cause your Chapter 13 payments to increase).

You cannot trade in your vehicle during the pendency of your Chapter 13 case.

Either the lien holder of your automobile will receive the insurance proceeds or we can obtain permission from the court to allow you to use the insurance proceeds to purchase a new vehicle and substitute the new vehicle for the totaled vehicle. If you want to make the substitution, you will need to notify our office of the amount of the proceeds and the insurance company's name and address. Please be advised that this process takes approximately 30 days to complete. You would not be allowed to purchase a vehicle until that time. You may find further information on Substitution of Collateral here.

You can add creditors to your bankruptcy after the filing upon the payment of an amendment fee and so long as the debt was incurred prior to your filing. Please contact our office for further instruction. You may provide the information by email, but the fee must be paid prior to the petition being amended.

The attorney's fees are based on the time and effort expended on your case. The initial fees are approved by the court and are for the fees incurred through confirmation of your plan. Any additional work completed on your case after confirmation is again based on the time and effort expended and is approved by the court upon the filing of a motion for fees made to the trustee. All fees approved by the court are paid by the trustee from the payments you made to the trustee.

If you lose your job and are unable to make your Chapter 13 payments, eventually the trustee will file a motion to dismiss. At that time, you will have to either work out some arrangement with the trustee to make up any missed payments, convert your case to one under Chapter 7 to receive a discharge from your debts (if you are eligible to convert) or your case will be dismissed (allowing your creditors to pursue collection activity, including foreclosure proceedings, repossessions and garnishments).

If you have a reduction in your income which causes a hardship for you to make your Chapter 13 payments, you need to notify our office immediately so that we may review your case to see if it would be possible to reduce your Chapter 13 payments. If not, eventually the trustee will file a motion to dismiss and you will have the same options as outlined above.

You must be in a Chapter 13 for a minimum of three (3) years (unless your creditors are paid in full prior to the three-year period), but no more than five (5) years. The exact time will be dependent on the total of claims filed by the creditors in your case and your timeliness in paying your Chapter 13 payments. The trustee will give an approximate length of the plan in the report to the court for confirmation; however, should the claims be more than anticipated or if you miss any payments during the pendency of your case, the plan will extend beyond the length approximated by the trustee.

If you have proof (written documentation, canceled checks, receipts, etc.) that a creditor's claim is incorrect, please provide the proof to our office and we will object to that creditor's claim and have the claim denied or reduced, whichever is applicable.

It is not uncommon for the trustee to file an objection to a creditor's claim. If an objection is filed, you as well as our office will be provided with a copy. This objection is between the creditor and the trustee. The creditor, not you nor our office, is required to take action on this type of objection.

It is not uncommon for creditors to file objections to confirmation of your case. They usually base their objections on the value and/or lack of interest. Our office will handle these objections. You are not required to take any action. However, sometimes these objections are based on lack of full-coverage insurance. In this case, you need to immediately provide our office with proof of insurance so that we may make it available to the creditor.

Once you have made all payments required under your Chapter 13 plan, a discharge will be entered discharging you from all debts not paid through your plan which are dischargeable. Some debts which are not dischargeable include (but are not limited to) alimony, maintenance, support, student loans not paid through your Chapter 13 plan, priority taxes not paid through your Chapter 13 plan, debts that were paid outside the plan and not covered in the plan, debts for death or personal injury caused by your operation of a motor vehicle while unlawfully intoxicated, debts for restitution included in a criminal sentence imposed on you, installment debts whose last payment is due after the completion of the plan, and debts incurred while the plan was in effect that were not paid under the plan. For a complete list of nondischarged debts, please refer to the discharge entered by the court in your case.