My Chapter 13 has been filed - now what?
You’ve spent days (or weeks) gathering all of your documents, and organizing it for your attorney. You’ve completed credit counseling. You met with your attorney to review your petition and she’s filed your case. Now, you might be wondering - what happens after my Chapter 13 bankruptcy is filed?
The good news is that the hardest part (information gathering) and the petition is done! But there are some important steps that needs to be completed so you can complete your Chapter 13 bankruptcy.
There is one very important rule in Chapter 13:
MAKE YOUR MONTHLY CHAPTER 13 PAYMENT!
How to Make Your Monthly Chapter 13 Payment
Trustees are very picky about how you send in your payments.
1. Money order or cashier’s checks - ONLY. Trustees do not receive billpay payments or personal checks. Be sure to make the check out to David Burchard, Chapter 13 Trustee (for San Francisco cases) and Martha Bronitsky, Chapter 13 Trustee (for Oakland cases).
2. Electronic payments - only accepted through www.TFSbillpay.com. If you choose to use this option, be sure to call them as soon as your case has been filed as it can take over a month to set-up.
3. Wage orders - you can opt to have the Chapter 13 payments withdrawn directly from your employer. Please let your attorney know if you want to do this.
MAILING ADDRESS - Chapter 13 Payments
San Francisco cases -
David Burchard
Chapter 13 Trustee
PO Box 171
Memphis, TN 38101-0171
Oakland cases -
Martha G. Bronitsky
Chapter 13 Standing Trustee
P.O. Box 341
Memphis, TN 38101-0341
What happens after my Chapter 13 bankruptcy is filed?
1. Automatic Stay - About a week after your Chapter 13 bankruptcy is filed, the clerk’s office will send out a Notice of Bankruptcy filing. The automatic stay is in place the moment you file, meaning creditors are prohibited from contacting you or otherwise trying to collect from you. This notice is mailed to all of your creditors, so it may take some time for them to receive actual notice.
2. Payment - This is perhaps the most important step in your Chapter 13 process. Your first payment is due 30 days after your case is filed. It’s critical that you make each and every payment, on time!
3. Meeting of Creditors - You will receive a notice from the bankruptcy court notifying you of the date, time and location of your Meeting of Creditors. This is a brief (approximately 10 - 15 minutes) meeting with the trustee.
4. Objections - This may not necessarily happen in every case but both the trustee and creditors will review your case and file Objections. It’s their way of saying “I am unhappy with some issue.” The issues can vary from not listing the correct amount of debt, creditors wanting a higher interest rate, calculation error, or some other correction. If you receive one of these Objections in the mail, don’t panic. Chances are, your attorney has received an electronic copy and is already working to fix the problem.
5. Motion to Dismiss - This is similar to the Objection described above but instead of simply saying “I am unhappy with some issue,” the creditor/trustee is saying “There’s an issue requiring this case be dismissed.” The most common Motion to Dismiss is for failure to make your monthly payment! In most cases, your attorney should be able to work with you and the objecting party to resolve it.
6. Confirmation - This is the ultimate goal in every Chapter 13 case. Confirmation is where the judge signs off on your case and says “you’re good to go.” It can take few weeks to several months to get to Confirmation. Some courts require you to appear at the Confirmation Hearing. Your attorney will let you know if you need to appear.
See also:
What is Chapter 13?
Chapter 13 FAQ
What happens after my Chapter 13 bankruptcy is confirmed?
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