Chapter 13 Procedures

Michael Daniels Law

Chapter 13 Bankruptcy

Let the Law Office of Michael Daniels, Albuquerque NM , help guide you through the process of filing Chapter 13 bankruptcy or any other type of bankruptcy you may need. Call us at 505-246-9385 today, to set up a meeting with a New Mexico bankruptcy attorney today.
Step When it Happens
1. You complete a pre-bankruptcy credit counseling course approved by the U.S. Trustee.
Prior to filing your reorganization-bankruptcy reorganization bankruptcy petition.
2. You file for Chapter 13 bankruptcy.

3 . The automatic stay takes effect. It bars your creditors, once they learn of your filing from taking any actions to collect what you owe.
When you file the reorganization bankruptcy petition.
4. The court appoints a trustee to oversee your case.
When your case is filed
5 . The Chapter 13 trustee sends you a "notice of commencement" of your case, which usually contains:
  • the date of the meeting of creditors,
  • the date of the confirmation hearing, and
  • the deadline by which creditors must file their claims
Within a week after your case is filed
6. You begin making payments under your repayment plan.
Within 30 days after you file the reorganization bankruptcy petition.
7. You attend the meeting of creditors (where the trustee and any creditors who show up can ask you about information in your papers). A creditor may raise objections to your plan with the hope of getting you to modify it before the confirmation hearing.
Within 40-45 days after you file reorganization bankruptcy petition.
8. You file a modified plan, if you wish.
At least 30 days before the confirmation hearing.
9. Creditors file written objections to your plan, if they wish. The bankruptcy judge will rule on them at the confirmation hearing.
At least 10 days before the confirmation hearing.
10. The court holds the confirmation hearing addresses any objections raised by creditors or the Chapter 13 trustee, and approves your repayment plan.
Within 6 months of the date your case is filed
11. Creditors file their "proof of claims" specifying how much they are owed.
Within 90 days after the meeting of creditors.
12. You (or the Chapter 13 trustee) file a written objection to creditors' claims, if you have a reason to object.
As soon as possible after the deadline for creditors to file their claims.
13. The court grants your discharge 36 to 60 months after you file if you complete your plan payments (sooner if you choose to pay off your reorganization bankruptcy plan early).
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