what form do you use for filing chapter 13 without an attorney

What happens if your income is higher than your expenses?

If your income is higher than your expenses, you have disposable income. At least a part of that disposable income will be included in your Chapter 13 payment and will be used to pay allowed claims for unsecured debts like credit cards and medical bills. 1 2.

Who is Carron Armstrong?

Carron Armstrong is a bankruptcy and consumer lawyer, and an expert in debt and bankruptcy for The Balance. She has been helping educate consumers and businesses about finances for more than 40 years through her firm, Carron Nicks Law Firm, her work teaching paralegal and real estate courses at Texas colleges, and her writing.

What to do if you file Chapter 13?

If you filed Chapter 13 to take advantage of legal strategies such as lien stripping or cramdown, or to combine it with a mortgage modification, you will need to file the appropriate motions with the court and attend hearings.

What happens if you don't file Chapter 13?

If you are not successful, the court will dismiss your Chapter 13 case. If this happens, at best, you are back in the same spot you were before you filed. But you could also end up in a worse position: With the passing of time, additional interest and late charges will accrue and sometimes creditors are angry about the delay.

What is the role of a trustee in Chapter 13?

When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer. In fact, the trustee is prohibited from providing you ...

How long can you stay on a bankruptcy?

But even then, you have another hurdle because the automatic stay that you rely on to stop collection actions while your bankruptcy is pending may be limited to 30 days or not available at all without filing motions and convincing the judge to continue or impose the stay.

Can a trustee be a lawyer?

When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer. In fact, the trustee is prohibited from providing you with legal advice and is rarely, if ever, able to respond to calls or emails requesting help with your case. The Chapter 13 bankruptcy trustee will likely notify you if your plan is not in compliance ...

Can a lawyer represent you in Chapter 13?

The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Hiring an attorney to represent you in a Chapter 13 bankruptcy can be expensive.

Laura Marie Nesbitt

I agree with my colleagues. Regardless of whether you dismiss or convert you will have risks and benefits that require detailed consideration by a qualified bankruptcy attorney. Further, dismissal by the trustee or by you has its own set of risks and benefits. It is really not something you want to do pro se. Best of luck!

Brian Crozier Whitaker

I agree with both of my colleagues.#N#Do nothing, stop paying, and the case will be dismissed in due time.#N#But if you do now qualify for a Ch7, you should consider converting your present case rather than having two BKs on your record.

Michael Christopher Burr

Chances are you could file almost any paper indicating you want the case dismissed. It's one of the easier things to accomplish and the court is likely to accommodate any minor errors. You can also phone the trustee and ask them to file a motion to dismiss. There may be one scheduled already if your case is still not confirmed.

Derek R. Caldwell

If you lost your job, how are you going to make the debt consolidation payments? I agree with Ms. Bunce, you will likely be much better off converting to a Ch7 than by dismissing your Ch13 and doing a debt consolidation.

Dorothy G Bunce

If you simply stop making your plan payments, the trustee will do this for you in a couple of months. Otherwise, you may want to head over to the local law library to look at samples of Motion to Dismiss a Chapter 13 case. Not every pleading in bankruptcy court uses pre-printed forms.

Here's a list of the forms you must file in Chapter 13 bankruptcy, and where to find them

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The Official Bankruptcy Forms

Most, and possibly all, of the forms you'll need to file are called the official bankruptcy forms. These are available online through the website of the U.S. Courts at www.uscourts.gov/forms/bankruptcy-forms. You can complete the official forms online and print them out for filing.

Local Bankruptcy Forms

Your local bankruptcy court may require you to file a few additional forms. We don't provide a list of those here, since they vary widely. And many local courts don't require any forms other than the official bankruptcy forms. To learn where to find local forms, see How to Get and File the Bankruptcy Forms.

Forms for Chapter 13 Bankrutpcy

Here is a list of the forms that most people must file in a Chapter 13 bankruptcy.

The Chapter 13 Repayment Plan

The crux of the Chapter 13 case is the repayment plan. You must file a proposed repayment plan with your Chapter 13 petition. There is no official form for the repayment plan.

How long do you have to do credit counseling before filing bankruptcy?

CREDIT COUNSELING BEFORE YOU FILE. Bankruptcy law requires that you complete credit counseling within 180 days before you file a bankruptcy petition. Also, Part 5 of the Voluntary Petition (Explain Your Efforts to Receive a Briefing About Credit Counseling) must be completed.

How long does it take to get a bankruptcy certificate?

The certification should include an estimate of the payments received from your employer within 60 days before filing your bankruptcy petition, and also should include any other evidence (such as bank statements showing deposits from your employer) of the payments received.

What is a pro se debtor?

Bankruptcy law can be complicated and debtors should, if possible, obtain information/advice from an attorney or a legal aid service experienced in bankruptcy law. If you are representing yourself without the benefit of an attorney, you are known as a "pro se" debtor. The information contained in this page is not intended to advise you ...

What is bankruptcy judge advisory group?

The Bankruptcy Judges Advisory Group of the Administrative Offices of the United States Courts, Bankruptcy Judges Advisory Group has developed a new web page for individuals who are thinking of filing a bankruptcy petition without an attorney. The page also provides links and videos to resources for Bankruptcy Basics, Credit Counseling, Legal Services, Foreclosures, and Petition Preparers.

Can you waive the filing fee for Chapter 7?

For Chapter 7 case only, if you cannot afford to pay the full filing fee or in installments , you may request a waiver by submitting an Application to Have the Chapter 7 Filing Fee Waived ( Official Form 103B). The Court will thereafter enter an order to either 1) waive the filing fee; 2) order payment to be paid in installments;

What is a 342b notice?

), in accordance with §342 (b) of the Bankruptcy Code, this notice: (1) describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case.

What is redaction in a document?

Redaction of Personal Data Identifiers in All Documents - The Judicial Conference of the United States has implemented policies to protect sensitive information about parties, witnesses and others involved in a civil, criminal, or bankruptcy case.