Chapter 13

All Forms May Be Obtained From The Website Unless Otherwise Indicated

All forms may be obtained from the website unless otherwise indicated. If all forms are not completed at the time of filing, see “Filing a Skeletal or Bare Bones Petition” section for detailed instructions. Click here for a Chapter 13 checklist of required forms and schedules. Always ensure you have the most recently updated forms as some forms are required to be updated annually. The last revision date of the form will be at the top of the form (i.e. 10/06)..

Creditor List on Disk or CD

A creditor list is a list of all creditors with addresses saved to a floppy disk or CD. Click here for instructions for completing the creditor list on disk or CD. If you do not have access to a typewriter/computer at your home or library, you may come to the Clerk’s office and use a computer in the public area where instructions and floppy disks are available for your use.

Statement of Completion of Credit Counseling

Click here for a list of approved credit counseling agencies. Credit Counseling is required to be completed with an approved agency before the filing for bankruptcy. Counseling may be done by in person, by telephone or via the internet. A form will be provided by the agency upon completion of the counseling service. This form is required at the time of filing.

• Failure to file the form at this time will result in the Court issuing an Order re: Missing documents and setting a seven-day deadline for you to comply with this requirement.

• Failure to file the certificate within seven days or file a Motion to Extend Time to obtain counseling, or a Motion to Waive the required counseling (“exigent circumstances,” and explaining why you were unable to complete credit counseling) may result in dismissal of your bankruptcy. The dismissal shall be presumed to be a willful failure, and you will be barred from refiling a bankruptcy case for a period of 180 days.(See Local Rule 1007(b)(2))

Form B-21 Statement of Social Security Number

This is the only form on which your entire social security number will appear. It will not become a public document.

Pay Stubs (Payment Advices) for the previous 60 days of employment

These may consist of pay stubs; social security statements, or an affidavit signed by you under the penalty of perjury that no income was received.

Important: redact (cross out) all but the last four digits of your Social Security Number or financial account number(s) that may appear on payment advices before filing them with the Court!

Proof of Payment of Domestic Support Obligations (if applicable)

Proof of payment must be filed with the Trustee prior to confirmation and prior to the entry of discharge.

Additional Required Forms for Chapter 13

The Court’s list of forms will always contain the most recent updated forms and these may be downloaded from the website or printed and purchased at the Clerk’s office. Click here for a complete packet of Chapter 13 forms.

Form B1 - First 3 pages of petition with signatures
Exhibit D Statement of Compliance with Credit Counseling Requirement
Summary of Schedules and Statistical Summary (2 pages)
Schedules A,B,C,D,E,F,I,J
Signed Declaration re Schedules
Statement of Financial Affairs with signature
Statement of Intention
Form B22C Statement of Monthly Income and Means Test Calculation
Certificate of Pro Se Debtor (listing name of any document preparer or individual who helped in the preparation of the petition/schedules and any payment made for this help)
Chapter 13 Plan (Local Form W) with Certificate of Service to all creditors*

*A certificate of service is a document that states you mailed a copy of the ‘document’ i.e., chapter 13 plan to the interested parties and creditors. The certificate of service must include their complete name and mailing address, as well as your original signature and date on which the pleading was mailed. See sample certificate of service.

Debtor Education Certificate Form B23

You are required to complete a debtor education course with an approved agency (click here for a list of approved agencies). The course may be taken in person, by telephone or via the internet. After completion, Form B23 must be filed with the court within 60 days of the First Meeting of Creditors. Failure to file the certificate may result in your bankruptcy case being closed without entry of a discharge order.

Income Tax records for the most recent tax year

A transcript of the tax return, or a written statement that documentation does not exist, are required to be given directly to the Chapter 7 Trustee seven (7) days prior to the Section 341 meeting. You will find your Trustee’s name, address and telephone number on the first meeting, Section 341 notice.

Do not file tax information with the Court unless otherwise directed.

A creditor may request a copy of your federal tax return for the most recent year in which a return was filed. The creditor must make his request to you at least fifteen (15) days prior to the First Meeting of Creditors and you must provide the creditor with a copy, transcript of return, or a written statement that the return does not exist no later than fifteen (15) days prior to the meeting. Failure to provide this information upon request, may result in the filing of a Motion to Dismiss the case by the creditor, or a Motion to Delay the Entry of Discharge.

Important Privacy Information - If a Motion requiring you to file tax information is filed in your case and granted by the Court, it is your responsibility to redact (cross out) all but the last four digits of your social security number and account numbers, as well as the names of any minor children to protect your privacy! Failure to provide this tax information may result in dismissal of your case or a delay in the entry of the discharge.

Sequence of Events for a Chapter 13 Case

In a straight-forward case, the debtor may expect the following:

  • Filing of the Bankruptcy case and Plan and other required documents
  • Appointment of a Chapter 13 Trustee (who represents the estate and the interest of the creditors)
  • Scheduling of a Section 341 First Meeting of Creditors. Attendance at this meeting is mandatory and the meeting may be concluded or continued, depending on the Trustee’s evaluation of the case.
  • Scheduling of a Confirmation Hearing. Debtor(s) required to contact the Chapter 13 Trustee at his office prior to the confirmation hearing regarding the Plan. If the Plan meets certain requirements, the confirmation hearing may not be necessary . The plan may be denied by agreement, and the debtor given 14 days to file an amended plan, or the Trustee may confirm the pending plan.
  • Entry of a Confirmation Order and Wage Deduction Order. No further action until the plan is completed (usually three to five years). All Plan payments are made to the Trustee and not the Court.
  • Filing of Debtor Education Certificate.
  • Proof (if applicable), that Domestic Support Payments are current.
  • Entry of Discharge.
  • Closing of the Case.

    In some cases, the Trustee may request that schedules (particularly I and J) be amended if there is a change in employment, income or expenses ,or may require financial information during the pendency of the plan for review. The Trustee may also object to the claim of exemptions by a debtor.

If payments are not received by his office, the Trustee may file a Motion to Dismiss the Chapter 13 case or file a Motion to Convert the case to a Chapter 7 bankruptcy. The Clerk’s office cannot provide legal advice; advice of an attorney is suggested to handle such matters.