Your Chapter 13 payments should be made payable to Chapter 13 Trustee and you should include your name and case number on your payment and mail it to:

The amount of your Chapter 13 payments are based upon your income, your monthly living expenses, and the amount of your total debts. This is known as the means test which is a pre-determined standard of living based on Internal Revenue Service standards. The Court will allow you to keep and spend so much of your income as determined by the means test.

The debtor must begin making payments to the chapter 13 trustee within 30 days after the debtor's plan is filed in the court, and the plan must be filed with the court within 15 days after the case is filed. The payments must be made regularly, usually on a weekly, biweekly, or monthly basis. If the debtor is employed, some courts require the payments to be made by the debtor's employer, otherwise, the payments cm be made by either the debtor or the debtor's employer.

Most of our clients have the Chapter 13 plan payments deducted directly from their paycheck. In the Eastern District of Texas, if for some reason you need to mail your payment directly to the Trustee, Janna Countryman, her address is: The payment must be either a cashiers check or money order made payable to "Standing Chapter 13 Trustee". Make sure you print your name, case number and SSN on the check.

Chapter 13 is entitled "Adjustment of Debts of an Individual With Regular Income." The desired result of a plan in Chapter 13 is an adjustment, or a restructuring, of the debts of an individual or couple. Typically, the plan is used to restructure debts that a Debtor could not afford, so that the Chapter 13 plan actually can have the effect of reducing a car payment that is high and/or making up house payments that are behind.

If the debtor is temporarily out of work, injured, or otherwise unable to make the payments required under a chapter 13 plan, the plan can usually be modified so as to enable the debtor to resume the payments when he or she is able to do so. If it appears that the debtor's inability to make the required payments continue indefinitely or for an extended period, the case may be dismissed or converted to chapter 7.

if the debtor is unable to complete the payments due to circumstances for which he or she should not be held accountable, close the case and obtain a partial chapter 13 discharge as described in the answer to Question 6 above.

If you truly cannot make payments on your home or other assets you're probably better off filing Chapter 7 and using the money you would have spent on Chapter 13 to survive on.

If the debtor cannot make a chapter 13 payment on time according to the terms of the confirmed plan, the debtor should contact the trustee by phone and by letter advising the trustee of the problem and whether it is temporary or permanent. If it is a temporary problem and the payments can be made up, the debtor should advise the trustee of the time and manner in which the debtor will make up the payments.

Chapter 13 Bankruptcy is also known as a reorganization bankruptcy. Chapter13 bankruptcy is filed by individuals who want to pay off their debts over a period of three to five years. This type of bankruptcy appeals to individuals who have non-exempt property that they want to keep. It is also only an option for individuals who have predictable income and whose income is sufficient to pay their reasonable expenses with some amount left over to pay off their debts.

A Chapter 13 plan cannot exceed 60 months. The Debtor has to pay for at least 36 months, unless all creditors are paid in full in less time.

Yes. Unfortunately, with few exceptions, regular payments to creditors holding home mortgages cannot be lowered. But past due payments on mortgages can, however, be made up over a long period of time through payments into the Chapter 13 plan.

Title 11, which is the United State Bankruptcy Code, is broken down into Chapters. "Chapter 13" of Title 11 deals with adjustments of debts of an individual with regular income, i.e., consumer reorganization.

A person may usually file file for Chapter 13 relief if he is an individual, has a regular income, has fixed unsecured debts of less than an ammount defined in the Bankruptcy code, and has fixed secured debts of less than an ammount defined in the Bankruptcy code.

One advantage is the ability to stop a foreclosure on your house, and to have a mortgage that has been accelerated declared reinstated upon bankruptcy plan completion.

Since Chapter 13 involves paying back at least some of your debts over time, it usually takes at least three years to complete a Chapter 13 bankruptcy.

A Chapter 13 bankruptcy is often called a personal reorganization. The focus of a Chapter 13 bankruptcy is the reorganization plan, which you and your attorney will create. In the reorganization plan you lay out your budget and show how much extra money you have left over each month to pay off your debts. This money is called disposable income. You then promise to pay this amount each month for a period of time (usually 3 to 5 years).