Bankruptcy – Chapter 13
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📆 Chapter 13 Bankruptcy – A Path to Reorganization and Asset Protection
If you earn a steady income but have fallen behind on mortgage, car, or tax payments, Chapter 13 may be your best option. This form of bankruptcy allows you to reorganize your debts into a 3- to 5-year repayment plan based on your budget.
✅ You may benefit from Chapter 13 if:
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You’re behind on mortgage or car payments and want to avoid foreclosure or repossession
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You don’t qualify for Chapter 7 due to higher income
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You owe non-dischargeable debts like taxes or child support
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You have valuable assets you want to keep
🔁 How Chapter 13 Works:
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You make monthly payments to a bankruptcy trustee based on your income and expenses
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You can catch up on mortgage, car, and tax arrears
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Creditors are legally bound to the repayment plan
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At the end of the plan, remaining eligible debt is discharged
🏡 Save Your Home or Car
Chapter 13 is a powerful tool for stopping foreclosure, repossession, or tax liens. It allows you to catch up on missed payments over time while keeping your property.
ROADMAP THROUGH A TYPICAL CHAPTER 13 BANKRUPTCY
Key steps and typical timing for an individual consumer debtor. Every case differs slightly—use this as a general guide and lean on your attorney for date-specific advice.
| WHEN | WHAT HAPPENS | WHAT YOU DO |
|---|---|---|
| Up to 6 months before filing | Credit-counseling course (60-90 min) from an approved agency. | Complete the class online, by phone, or in person and give the certificate to your lawyer. |
| Day 1 – Petition filed | • Case begins and automatic stay stops most collection. • A Chapter 13 trustee is assigned. |
Provide full income, debt, and asset info to your lawyer; pay the court filing fee or set up installments. |
| Days 1-14 | File all schedules, income/expense forms, & repayment plan (Form 113).* | Review and sign these documents quickly so they’re on file by the 14-day deadline. |
| Within 30 days of filing | Start plan payments—even if the plan isn’t approved yet. | Mail or electronically send payments to the trustee on schedule. |
| 21-50 days after filing | 341 Meeting of Creditors (short Q-and-A with trustee; no judge). | Attend the meeting with photo ID, Social Security card, recent pay stubs & bank statements. |
| 20-45 days after the 341 Meeting | Confirmation hearing—judge decides whether to approve (confirm) your plan. | Work with your lawyer to resolve any creditor or trustee objections before the hearing. |
| Throughout the 3- to 5-year plan | • Make monthly payments to the trustee. • Stay current on new taxes, child support, and post-filing mortgage payments. • You can ask to modify the plan if income changes. |
Budget carefully; tell your lawyer right away if hours drop, you change jobs, or unexpected expenses hit. |
| Before last plan payment | Take the Debtor-Education (Financial-Management) Course and file the completion certificate. | Finish the class and give the certificate to your lawyer/trustee. |
| After final payment | File a certification that all domestic-support obligations are current. | Sign and submit the form your lawyer prepares. |
| Discharge & case closed | Court issues a discharge order wiping out qualifying remaining balances; trustee files final report; case closes. | Keep the discharge order in a safe place—proof your covered debts are gone. |
* If forms or the plan aren’t filed within 45 days of the petition, the case is automatically dismissed unless the court grants extra time.
Frequently Asked Questions
How long will my plan last?
Three years if your household income is below your state’s median; up to five years if it’s above.
Do I keep my property?
Usually yes—as long as plan payments cover required amounts and you stay current on secured debts (e.g., mortgage, car).
What if my income changes?
Tell your lawyer immediately. Plans can often be modified—payments lowered, extended, or (in rare cases) the case converted to Chapter 7.
When does the automatic stay end?
It protects you as soon as you file and lasts until the case is dismissed or discharged. Special limits apply if you’ve had recent prior bankruptcies—ask your attorney.
Three Tips for Success
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Pay on time, every time. Missing even one plan payment can trigger dismissal.
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Keep good records. Save pay stubs, tax returns, and trustee receipts for the full plan term.
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Communicate. Notify your lawyer about income changes, lawsuits, tax refunds, or large purchases before they happen.
Disclaimer: This timeline reflects a typical consumer Chapter 13 case. Courts may set different dates and additional requirements in your jurisdiction. Always follow your attorney’s specific instructions.
Contact our Bankruptcy Team: bankruptcy@ginsburglawgroup.com
We work with most major legal services and legal insurance plans. Some cover your legal fees for bankruptcy services. Give us a call today to see if your bankruptcy is covered!
CLIENT RESOURCES
Need to pay fees or expenses? PAY HERE
Use our secure online payment portal to cover filing fees, attorney fees, or reimbursements with any major credit card or e-check. You’ll receive an instant email receipt for your records.
Looking for your case status? CLICK HERE
Track real-time updates 24/7—docket entries, upcoming deadlines, hearing dates, and trustee correspondence—all in one place and without needing a PACER account.
Upload Documents: CLICK HERE
Safely drag-and-drop pay stubs, tax returns, bank statements, or any other required files to our encrypted server. You’ll get a confirmation as soon as we receive them.
Credit Counseling Courses: CLICK HERE
Complete the mandatory pre-filing credit-counseling course online at your own pace. The provider is U.S. Trustee-approved and automatically sends us your completion certificate.
Debtor Education Courses: CLICK HERE
After filing, finish the second required “debtor education” course here. Most clients wrap it up in under two hours, and your certificate is e-filed with the court for you.
Meet with Attorney: CLICK HERE (Password: Ginsburg)
Schedule a confidential video consultation with Attorney Amy Ginsburg. When prompted, enter the password Ginsburg when prompted.
Get Property Value: CLICK HERE
Instantly pull a professional market-value report for your home—perfect for exemption planning, reaffirmation decisions, or settlement negotiations.
Chapter 13 Payments: CLICK HERE
Make monthly plan payments via TFS Bill Pay. Funds reach the trustee within two business days, and you can set up automatic drafts to avoid missed payments.
Access Case Information: CLICK HERE
Log in to the National Data Center (NDC) to see your Chapter 13 payment history, plan balance, and trustee accounting in real time.
Trustee Info on Zoom: CLICK HERE
Find the Zoom link, meeting ID, and dial-in numbers for your § 341 meeting or trustee status conference, plus tips on joining and which documents to have ready.
EDUCATIONAL RESOURCES
Chapter 7 Basics: CLICK HERE
A plain-English overview of Chapter 7 liquidation: who qualifies, how assets and exemptions work, what gets discharged, and typical timelines from petition to discharge order. Ideal for first-time filers who want to know “what happens to my stuff and my debts?”
Chapter 13 Basics: CLICK HERE
Explains the Chapter 13 repayment plan: eligibility caps, how disposable income is calculated, setting up a 3- to 5-year plan, creditor treatment, and how you keep your property. Includes a comparison chart versus Chapter 7 to help you choose.
Bankruptcy Information Sheet: CLICK HERE
The official two-page notice from the U.S. Trustee Program that every debtor must read before the 341 meeting. It summarizes your rights, responsibilities, and the consequences of bankruptcy in straightforward language.
341 Information: CLICK HERE
Step-by-step guide to the meeting of creditors (§ 341): what it is, when it happens, who attends, documents to bring, how long it lasts, and what happens afterward. Includes dress code and virtual-attendance tips.
Sample 341 Questions: CLICK HERE
A curated list of the most common questions trustees ask at the 341 meeting—covering income, assets, recent transfers, and budget. Reviewing these ahead of time helps calm nerves and ensures consistent answers.
Preparing for Your 341: CLICK HERE
A printable checklist plus short video tutorial on gathering IDs, tax returns, pay stubs, bank statements, and other must-have documents. Also covers how to label uploads, test Zoom audio, and handle child-care or work conflicts.
Chapter 7 Calculator: CLICK HERE
Interactive tool that estimates whether you pass the “means test.” Enter household income, family size, and allowable expenses to see if you’re likely eligible for Chapter 7 under current median-income thresholds.
Test Zoom: CLICK HERE
Launches a no-pressure Zoom room where you can verify your camera, microphone, and internet connection before the real 341 meeting. Includes on-screen instructions for switching devices, muting, and sharing documents.
TYPICAL CHAPTER 7 BANKRUPTCY JOURNEY
Typical milestones for an individual (consumer) Chapter 7 bankruptcy. Dates are approximate—every case is a little different.
| When? | What Happens | What You Need to Do |
|---|---|---|
| Up to 6 months BEFORE filing | Credit-counseling class (60-–90 minutes). Must be taken within 180 days of filing. | Complete the course online, by phone, or in person. Save (or download) the completion certificate—your lawyer files it with the court. |
| Day 1 – Filing Day | • Your lawyer files the bankruptcy petition and pays the filing fee. • Automatic stay starts—most collection, wage-garnishment, and lawsuit activity stops. • A Chapter 7 trustee is assigned. |
Give your attorney current pay stubs, bank statements, and a list of all debts, assets, and monthly expenses. |
| Days 1-14 | • Court mails an official “Notice of Case & 341 Meeting” to you and all creditors. • All financial schedules & statements (lists of what you own and owe) must be filed if they weren’t filed with the petition. |
Review the court notice for your 341 date; gather photo ID and Social Security card. |
| ~30 days after filing | 341 Meeting of Creditors (usually 5-10 minutes; no judge present). The trustee confirms your identity and asks basic questions about your finances. | Attend the meeting (in person, by phone, or video—ask your lawyer). Bring required IDs and any documents the trustee requested. |
| Within 30 days of the 341 Meeting | • Statement of Intention deadline— you tell secured creditors (car/lender) whether you’ll keep, redeem, or surrender collateral. • If keeping the collateral, you generally sign a reaffirmation agreement or redeem the property within the next 30 days. |
Decide—with your attorney—how you’ll handle cars, furniture loans, etc., and sign any reaffirmation agreements. |
| Within 60 days of the 341 Meeting | 1. Finish a Financial-Management (Debtor-Education) Course and file the completion certificate. 2. Last day for creditors or the U.S. Trustee to object to your discharge in most cases. 3. Deadline for the U.S. Trustee to seek dismissal for “abuse” under the means test. |
Take the second (post-filing) class and give your lawyer the certificate right away. |
| About 3-4 months after filing | Discharge Order arrives by mail/email. Qualifying debts (credit cards, medical bills, personal loans, etc.) are legally wiped out. | Keep the discharge papers in a safe place—they prove those debts are gone. |
| 4-6 months after filing (no-asset case) | Case closed. If the trustee did not find any non-exempt property to sell, administration ends soon after discharge. | You’re finished! Start rebuilding credit and follow any budgeting tips from your counseling courses. |
| 12-18 months+ (asset case) | If the trustee sells non-exempt property, distributions to creditors and final paperwork can extend the case before closing. | Cooperate with any requests from the trustee until you get the final “case closed” notice. |
Quick Tips for a Smooth Case
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Be honest & thorough. List every asset and debt—even items you plan to keep.
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Open all court mail. Deadlines move quickly; give any notices to your lawyer right away.
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Stay current on secured payments (car/house) if you plan to keep the property.
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Avoid new debt or large financial moves until your case is closed.
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Ask questions. Your attorney and trustee want the process to be transparent and efficient.
Reminder: This timeline covers the typical consumer Chapter 7. Business cases or unusual circumstances can change the schedule. Always rely on your attorney for date-specific advice in your jurisdiction.
ROADMAP THROUGH A TYPICAL CHAPTER 13 BANKRUPTCY
Key steps and typical timing for an individual consumer debtor. Every case differs slightly—use this as a general guide and lean on your attorney for date-specific advice.
| WHEN | WHAT HAPPENS | WHAT YOU DO |
|---|---|---|
| Up to 6 months before filing | Credit-counseling course (60-90 min) from an approved agency. | Complete the class online, by phone, or in person and give the certificate to your lawyer. |
| Day 1 – Petition filed | • Case begins and automatic stay stops most collection. • A Chapter 13 trustee is assigned. |
Provide full income, debt, and asset info to your lawyer; pay the court filing fee or set up installments. |
| Days 1-14 | File all schedules, income/expense forms, & repayment plan (Form 113).* | Review and sign these documents quickly so they’re on file by the 14-day deadline. |
| Within 30 days of filing | Start plan payments—even if the plan isn’t approved yet. | Mail or electronically send payments to the trustee on schedule. |
| 21-50 days after filing | 341 Meeting of Creditors (short Q-and-A with trustee; no judge). | Attend the meeting with photo ID, Social Security card, recent pay stubs & bank statements. |
| 20-45 days after the 341 Meeting | Confirmation hearing—judge decides whether to approve (confirm) your plan. | Work with your lawyer to resolve any creditor or trustee objections before the hearing. |
| Throughout the 3- to 5-year plan | • Make monthly payments to the trustee. • Stay current on new taxes, child support, and post-filing mortgage payments. • You can ask to modify the plan if income changes. |
Budget carefully; tell your lawyer right away if hours drop, you change jobs, or unexpected expenses hit. |
| Before last plan payment | Take the Debtor-Education (Financial-Management) Course and file the completion certificate. | Finish the class and give the certificate to your lawyer/trustee. |
| After final payment | File a certification that all domestic-support obligations are current. | Sign and submit the form your lawyer prepares. |
| Discharge & case closed | Court issues a discharge order wiping out qualifying remaining balances; trustee files final report; case closes. | Keep the discharge order in a safe place—proof your covered debts are gone. |
* If forms or the plan aren’t filed within 45 days of the petition, the case is automatically dismissed unless the court grants extra time.
Frequently Asked Questions
How long will my plan last?
Three years if your household income is below your state’s median; up to five years if it’s above.
Do I keep my property?
Usually yes—as long as plan payments cover required amounts and you stay current on secured debts (e.g., mortgage, car).
What if my income changes?
Tell your lawyer immediately. Plans can often be modified—payments lowered, extended, or (in rare cases) the case converted to Chapter 7.
When does the automatic stay end?
It protects you as soon as you file and lasts until the case is dismissed or discharged. Special limits apply if you’ve had recent prior bankruptcies—ask your attorney.
Three Tips for Success
-
Pay on time, every time. Missing even one plan payment can trigger dismissal.
-
Keep good records. Save pay stubs, tax returns, and trustee receipts for the full plan term.
-
Communicate. Notify your lawyer about income changes, lawsuits, tax refunds, or large purchases before they happen.
Disclaimer: This timeline reflects a typical consumer Chapter 13 case. Courts may set different dates and additional requirements in your jurisdiction. Always follow your attorney’s specific instructions.
BANKRUPTCY TEAM
AMY GINSBURG – aginsburg@ginsburglawgroup.com
GRACIE KLEIN – gklein@ginsburglawgroup.com
NICOLE LOMBARDI – nlombardi@ginsburglawgroup.com
BRYAN TABAMO – btabamo@ginsburglawgroup.com
