Credit and Bankruptcy Law

Chapter 13

How does a Chapter 13 case begin?

As with a Chapter 7 petition, a consumer must complete a credit counseling course within 180 days of filing a bankruptcy petition. The consumer must then fill out a packet of forms similar to a Chapter 7 consumer. The difference is that the Chapter 13 consumer must come up with a workable plan to repay some of his or her debts over a three-to five-year period. The consumer must also include proof of paying income taxes and provide the most recently IRS tax return as well.

Chapter 13 petitioners must file their planned repayment schedule within 15 days of filing their petition. The repayment plan is based on the disposable income of the petitioner.


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