Most debtors have to appear in court at least twice: once for a hearing called the meeting of creditors, and once for a hearing on the confirmation of the debtor's chapter 13 plan. The meeting of creditors is usually held about a month after the case is filed. The confirmation hearing may be held on the same day as the meeting of creditors or at a later date The debtor's testimony should not be lengthy at either hearing, however.

The first court appearance is for a hearing called the "meeting of creditor." This hearing usually takes place about a month after the case is filed. At this hearing the debtor is put under oath and questioned about his or her debts and assets by the hearing officer or trustee. In most chapter 7 consumer cases no creditors appear in court; but any creditor that does appear is usually allowed to question the debtor.

A chapter 13 case is filed in the bankruptcy court in the district where the debtor has lived or maintained a principal place of business for the greatest portion of the last 180 days. The bankruptcy court is a unit of the federal district court.

There is no single answer to this question. Each case is unique and the length of time before you receive a dividend depends on the circumstances of the individual case. After the deadline for filing claims has expired, you should contact the case trustee and inquire as to the time frame for distribution of claim payments to creditors.

each unsecured creditor will receive under the plan at least as much as it would have received had the debtor filed under chapter 7, each secured creditor has been dealt with in the manner described in the answer to Question 16 above.

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.

There is a $185 filing fee charged when the case is filed, which may be paid in installments if necessary. In addition, the chapter 13 trustee assesses a fee of 10 percent on all payments made under the plan. Thus, if a debtor pays a total of $5,000 under a chapter 13 plan, the total amount of fees charged in the case will be $685 (a $500 trustee's fee, plus the $185 filing fee). These fees are in addition to the fee charged by the debtor's attorney.

Examining the filed financial situation and determining whether chapter 13 is a feasible alternative for the debtor, and if so, whether a single or a joint case should be filed. Examining the liens or security interests of secured creditors to ascertain their validity or avoidability, and taking the legal steps necessary to protect the filed interest in such matters. Assisting the debtor in devising a chapter 13 plan that meets the needs of the debtor and is acceptable to the court.

In 2005, the United States Congress passed bankruptcy legislation which includes new income and expense considerations when filing for bankruptcy, and may require debtors with income above a certain amount to file under Chapter 13 instead of under Chapter 7, depending on their income and expenses. This however is a very individual determination based on each person’s income, household expenses and debts.

If the court will not approve the plan proposed by a debtor, the debtor may modify the plan and seek court approval of the modified plan. If the court does not approve a plan, it will usually give its reasons for refusing to do so, and the plan may then be appropriately modified so as become acceptable to the court. A debtor who does not wish to modify a proposed plan may either convert the plan to chapter 7 or dismiss the case.

Most cases are handled in an expeditious manner. The Speedy Trial Act of 1974 establishes standard time requirements for the timely prosecution and disposition of criminal cases in district courts. There is no similar law governing civil trial scheduling, and as a result, the scheduling of criminal cases is assigned a higher priority. In 1990, Congress enacted legislation that directs each district court to devise and adopt a civil expense and delay reduction plan.

The debtor has the right to either dismiss a chapter 13 case or convert it to chapter 7 at any time for any reason. However, if the debtor simply stops making the required chapter 13 payments, the court may compel the debtor or the filed employer to make the payments and to comply with the orders of the court. Therefore, the debtor who wishes to discontinue a chapter 13 case should do so through his or her attorney.

Answer: In Chapter 13, the debtor only receives a Chapter 13 discharge if the debtor proposes a Chapter 13 plan, the Bankruptcy Judge confirms (approves) that Chapter 13 plan, and the debtor fully performs the Chapter 13 plan, by making all the payments (usually a minimum of 36 months of payments; and a maximum of 60 months of payments.

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.

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: