Here are the steps to a Chapter 13 bankruptcy. Most of the time, as a bankruptcy filer, most steps happen together with other steps. Typically, you should be able to proceed without any stress on your part if you have the help of an experienced bankruptcy lawyer. There are times that you will need to cooperate with your bankruptcy attorney to make sure the bankruptcy process is going well in order for you to get the debt relief you deserve.

1. Getting Pre-Bankruptcy Credit Counseling

When you file for a Chapter 13 bankruptcy, like a Chapter 7 bankruptcy, you will need to get credit counseling from an approved agency. You should not have to worry about finding an approved agency for your credit counseling. Talk with your bankruptcy lawyer first, and they will see what you need to do and find you an approved agency when the time is right.

2. Preparing the Chapter 13 Plan and the Bankruptcy Petition

You will need to draft a repayment plan with your attorney in addition to filling out forms for your Chapter 13 bankruptcy case. The bankruptcy petition will include information about your income, expenses, and other information that the bankruptcy courts require. This part of your Chapter 13 bankruptcy is very well the most difficult part of your bankruptcy. Your bankruptcy lawyer will advise you and help you fill out all the necessary documents for your case.

3. Receiving the Automatic Stay

Immediately after filing your bankruptcy petition, the court ordered Automatic Stay starts working. The Automatic Stay prevents your creditors from taking any more collection actions against you. However, the Automatic Stay only is in effect until someone succeeds in challenging the Automatic Stay. To object to the Automatic Stay, creditors will file an objection to the court ordered Automatic Stay called a Motion to Lift Stay, if they believe you should not given the power of the Automatic Stay over a particular debt.

4. Meeting the Bankruptcy Trustee

A bankruptcy trustee will be assigned to you by the bankruptcy courts to oversee your case. The bankruptcy trustee will review your case and make sure that payments are being made as well as monitor your monthly income and expenses. Also, the trustee will look for mistakes in your bankruptcy petition, whether or not your repayment plan is reasonable, and check for signs of possible bankruptcy fraud.

5. Making Your First Payment on Your Chapter 13 Plan

Even before your Chapter 13 bankruptcy repayment plan is official approved by the courts, you must begin making payments. Your first payment is typically due about one month after you start filing for Chapter 13 bankruptcy.

6. Attending the Meeting of Creditors

Next you will attend a 341 hearing run by your bankruptcy trustee. The 341 hearing is also known as the Meeting of Creditors in which the trustee will ask you questions about your bankruptcy. At this meeting, creditors could appear and ask questions however this is rare.

7. Attending the Confirmation Hearing

You or your attorney will attending one court hearing called the Confirmation Hearing. During the Confirmation Hearing, the bankruptcy court will officially approve or reject your current Chapter 13 repayment plan.

8. Following Through with Your Chapter 13 Plan

During your Chapter 13 repayment plan, you must make all your payments otherwise the bankruptcy court will dismiss your bankruptcy case. For the remainder of your Chapter 13 repayment plan, you should make your payments and submit documents whenever the bankruptcy courts request it.

9. Taking a Financial Management Course

Before you can complete the Chapter 13 Bankruptcy process, you must take a financial management course. The financial management course is a separate but necessary course from the credit counseling you received earlier in the Chapter 13 Bankruptcy process. Many people have had their bankruptcy cases dismissed due to not finishing the financial management course.

10. Receiving Your Discharge

After you have successfully finished all the requirements for your Chapter 13 Bankruptcy, the bankruptcy courts will issue you a discharge. A discharge is the official court order freeing you from your debts. At this point, you are done with your Chapter 13 bankruptcy case and waiting for the bankruptcy courts to close your case.

11. Closing Your Case

After the bankruptcy courts issues your discharge for your Chapter 13 bankruptcy, your case will be officially closed after all the paper work has been processed. At this point, you are free from your unsecured debt and free to enjoy your new financial freedom.

This is a basic overview of what will typically happen in a Chapter 13 Bankruptcy. The Chapter 13 bankruptcy process is a long one. Let the caring people at the Law Offices of Bonnie L. Johnson help you. Call for a FREE consultation at 214.748.4848 to schedule your appointment today or fill out our FREE evaluation to get help immediately.Here are the steps to a Chapter 13 bankruptcy. Most of the time, as a bankruptcy filer, most steps happen together with other steps. Typically, you should be able to proceed without any stress on your part if you have the help of an experienced bankruptcy lawyer. There are times that you will need to cooperate with your bankruptcy attorney to make sure the bankruptcy process is going well in order for you to get the debt relief you deserve.

1. Getting Pre-Bankruptcy Credit Counseling

When you file for a Chapter 13 bankruptcy, like a Chapter 7 bankruptcy, you will need to get credit counseling from an approved agency. You should not have to worry about finding an approved agency for your credit counseling. Talk with your bankruptcy lawyer first, and they will see what you need to do and find you an approved agency when the time is right.

2. Preparing the Chapter 13 Plan and the Bankruptcy Petition

You will need to draft a repayment plan with your attorney in addition to filling out forms for your Chapter 13 bankruptcy case. The bankruptcy petition will include information about your income, expenses, and other information that the bankruptcy courts require. This part of your Chapter 13 bankruptcy is very well the most difficult part of your bankruptcy. Your bankruptcy lawyer will advise you and help you fill out all the necessary documents for your case.

3. Receiving the Automatic Stay

Immediately after filing your bankruptcy petition, the court ordered Automatic Stay starts working. The Automatic Stay prevents your creditors from taking any more collection actions against you. However, the Automatic Stay only is in effect until someone succeeds in challenging the Automatic Stay. To object to the Automatic Stay, creditors will file an objection to the court ordered Automatic Stay called a Motion to Lift Stay, if they believe you should not given the power of the Automatic Stay over a particular debt.

4. Meeting the Bankruptcy Trustee

A bankruptcy trustee will be assigned to you by the bankruptcy courts to oversee your case. The bankruptcy trustee will review your case and make sure that payments are being made as well as monitor your monthly income and expenses. Also, the trustee will look for mistakes in your bankruptcy petition, whether or not your repayment plan is reasonable, and check for signs of possible bankruptcy fraud.

5. Making Your First Payment on Your Chapter 13 Plan

Even before your Chapter 13 bankruptcy repayment plan is official approved by the courts, you must begin making payments. Your first payment is typically due about one month after you start filing for Chapter 13 bankruptcy.

6. Attending the Meeting of Creditors

Next you will attend a 341 hearing run by your bankruptcy trustee. The 341 hearing is also known as the Meeting of Creditors in which the trustee will ask you questions about your bankruptcy. At this meeting, creditors could appear and ask questions however this is rare.

7. Attending the Confirmation Hearing

You or your attorney will attending one court hearing called the Confirmation Hearing. During the Confirmation Hearing, the bankruptcy court will officially approve or reject your current Chapter 13 repayment plan.

8. Following Through with Your Chapter 13 Plan

During your Chapter 13 repayment plan, you must make all your payments otherwise the bankruptcy court will dismiss your bankruptcy case. For the remainder of your Chapter 13 repayment plan, you should make your payments and submit documents whenever the bankruptcy courts request it.

9. Taking a Financial Management Course

Before you can complete the Chapter 13 Bankruptcy process, you must take a financial management course. The financial management course is a separate but necessary course from the credit counseling you received earlier in the Chapter 13 Bankruptcy process. Many people have had their bankruptcy cases dismissed due to not finishing the financial management course.

10. Receiving Your Discharge

After you have successfully finished all the requirements for your Chapter 13 Bankruptcy, the bankruptcy courts will issue you a discharge. A discharge is the official court order freeing you from your debts. At this point, you are done with your Chapter 13 bankruptcy case and waiting for the bankruptcy courts to close your case.

11. Closing Your Case

After the bankruptcy courts issues your discharge for your Chapter 13 bankruptcy, your case will be officially closed after all the paper work has been processed. At this point, you are free from your unsecured debt and free to enjoy your new financial freedom.

This is a basic overview of what will typically happen in a Chapter 13 Bankruptcy. The Chapter 13 bankruptcy process is a long one. Let the caring people at the Law Offices of Bonnie L. Johnson help you. Call for a FREE consultation at 214.748.4848 to schedule your appointment today or fill out our FREE evaluation to get help immediately.