Chapter 13 Bankruptcy Filing Checklist

Chapter 13 Bankruptcy Filing Checklist

Court: United States Bankruptcy Court for the [________________________________]

Case Number: [________________________________] (assigned after filing)

Debtor(s): [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Pre-Filing Requirements

Credit Counseling Requirement (11 U.S.C. § 109(h))

☐ Credit counseling completed within 180 days before filing
☐ Course taken from U.S. Trustee-approved provider
☐ Certificate of completion obtained
☐ Certificate date: [__/__/____]
☐ Provider name: [________________________________]

Tax Return Filing Requirement

☐ All required federal tax returns filed for 4 years before filing
☐ Missing returns filed before petition
☐ Copies available for trustee

II. Eligibility Requirements

Chapter 13 Eligibility (11 U.S.C. § 109(e))

☐ Debtor is an individual (not corporations/partnerships)
☐ Debtor has regular income
☐ Debtor's debts within limits (as of April 2025):
☐ Secured debt: Less than $1,580,125
☐ Unsecured debt: Less than $526,700
☐ Individual engaged in business or farm eligible

Prior Filings

☐ No pending Chapter 7/11/12/13 case
☐ No Chapter 7 discharge within past 4 years
☐ No Chapter 13 discharge within past 2 years
☐ No dismissal within 180 days for failure to comply

III. Required Forms at Filing

Core Petition Documents

☐ Voluntary Petition for Individuals (Official Form 101)
☐ All pages completed
☐ Signed by debtor(s)
☐ Signed by attorney

☐ Statement About Your Social Security Numbers (Official Form 121)
☐ Full SSN provided
☐ Submitted separately (not part of public record)

☐ Credit Counseling Certificate
☐ Original certificate attached

Schedules (Official Forms)

☐ Schedule A/B: Property (Official Form 106A/B)
☐ All real property listed
☐ All personal property listed
☐ Current values provided

☐ Schedule C: Property Claimed as Exempt (Official Form 106C)
☐ Exemptions claimed (though less critical in Chapter 13)
☐ Exemption law identified

☐ Schedule D: Creditors Who Hold Claims Secured by Property (Official Form 106D)
☐ All secured creditors listed
☐ Collateral described
☐ Claim amounts stated

☐ Schedule E/F: Creditors Who Have Unsecured Claims (Official Form 106E/F)
☐ Priority creditors listed (Part 1)
☐ Nonpriority creditors listed (Part 2)

☐ Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G)
☐ All contracts and leases listed

☐ Schedule H: Codebtors (Official Form 106H)
☐ All codebtors listed

☐ Schedule I: Your Income (Official Form 106I)
☐ Current gross and net income
☐ Spouse income (even if not filing jointly)

☐ Schedule J: Your Expenses (Official Form 106J)
☐ All monthly expenses listed
☐ Net monthly income calculated (available for plan)

Statements

☐ Statement of Financial Affairs (Official Form 107)
☐ All 28 parts completed
☐ Comprehensive financial history

Chapter 13 Specific Forms

☐ Chapter 13 Statement of Current Monthly Income (Official Form 122C-1)
☐ 6-month income calculation
☐ Comparison to state median
☐ Determines commitment period (3 or 5 years)

☐ Chapter 13 Calculation of Disposable Income (Official Form 122C-2)
☐ Required if above median income
☐ Allowable expenses calculated
☐ Projected disposable income determined

Chapter 13 Plan

☐ Chapter 13 Plan (Official Form 113 or local form)
☐ Monthly payment amount: $[________________]
☐ Plan length: ☐ 36 months ☐ 60 months
☐ Treatment of secured claims
☐ Treatment of priority claims
☐ Treatment of unsecured claims
☐ Plan terms comply with Code requirements

Additional Required Documents

☐ Creditor Address Matrix/Mailing Matrix
☐ Declaration Concerning Debtor's Schedules (Official Form 106Dec)
☐ Attorney Fee Disclosure (as required by local rules)

IV. Chapter 13 Plan Requirements

Plan Payment Calculation

☐ Plan payment must cover:
☐ Secured debt payments (ongoing + arrears)
☐ Priority-claim treatment required by § 1322(a), including any claim-holder agreement or statutory exception
☐ Trustee fees (percentage of payments)
☐ Attorney fees (if paid through plan)
☐ Unsecured creditor dividend (if applicable)

Commitment Period (11 U.S.C. § 1325(b)(4))

☐ Below median income: Analyze the 3-year applicable commitment period, the § 1322(d) maximum, and the shorter full-payment exception in § 1325(b)(4)(B)
☐ Above median income: Analyze the 5-year applicable commitment period and the shorter full-payment exception in § 1325(b)(4)(B)

Best Interest Test

☐ Unsecured creditors receive at least what they would in Chapter 7

Feasibility Test

☐ Debtor can make all plan payments
☐ Net monthly income (Schedule J) supports payment

Good Faith Test

☐ Plan proposed in good faith
☐ All disposable income committed to plan (above median)

V. Treatment of Claims in Plan

Secured Claims

☐ Mortgage Arrears:
☐ Arrears amount: $[________________]
☐ Paid through plan over plan term
☐ Regular payments maintained outside plan (or through plan)

☐ Vehicle Loans:
☐ 910-day rule applies (purchased within 910 days)
☐ Counsel analyzed the purchase-money, personal-use, timing, valuation, claim, and plan facts; age beyond 910 days alone does not establish cramdown treatment
☐ Interest rate (if cramdown): [____]%

☐ Other Secured Debts:
☐ Treatment: ☐ Surrender ☐ Pay in full ☐ Cramdown

Priority Claims

☐ Domestic Support Obligations (DSO): Treatment verified under §§ 1322(a) and 507
☐ Priority Taxes: Treatment verified under §§ 1322(a) and 507
☐ Other Priority Claims: Treatment verified under §§ 1322(a) and 507

Unsecured Claims

☐ Percentage to be paid: [____]% (minimum 0% if no disposable income)
☐ Pro rata distribution

VI. Filing Fees

Fee Amount

☐ Chapter 13 Filing Fee: $313.00 (as of 2024; verify current)
☐ Payment method:
☐ Full payment at filing
☐ Installment application (Official Form 103A)

Installment Payments

☐ Application to Pay Filing Fee in Installments filed
☐ Must pay in full within 120 days (may extend to 180 days)
☐ Note: No fee waiver available for Chapter 13

VII. Documents Required Within 14 Days

☐ Any schedules not filed with petition
☐ Any statements not filed with petition
☐ Chapter 13 Plan (if not filed with petition)
☐ Pay stubs - 60 days before filing

VIII. 341 Meeting of Creditors

Scheduling

☐ Meeting scheduled: [__/__/____]
☐ Time: [________________________________]
☐ Location: [________________________________]
☐ Must be held 21-50 days after filing

Required Documents for Trustee

☐ Photo identification
☐ Proof of Social Security number
☐ Most recent federal tax return
☐ Pay stubs for 60 days before filing
☐ Bank statements
☐ Proof of insurance (vehicle, home)
☐ Additional documents per trustee request

Attendance

☐ Debtor(s) must attend
☐ Attorney must attend

IX. Plan Confirmation Process

Confirmation Hearing

☐ Hearing date: [__/__/____]
☐ Time: [________________________________]
☐ Must be held within 45 days of 341 meeting

Confirmation Requirements (11 U.S.C. § 1325)

☐ Plan complies with Chapter 13 and Code provisions
☐ Filing fee paid (or being paid in installments)
☐ Good faith filing
☐ Best interest of creditors test met
☐ Secured creditors properly treated
☐ All disposable income committed (above median)
☐ Debtor able to make payments
☐ All domestic support current (post-petition)
☐ All tax returns filed

Objections to Confirmation

☐ Objection deadline: [__/__/____]
☐ Objections filed: ☐ Yes ☐ No
☐ Response to objections: [__/__/____]

X. Making Plan Payments

Payment Start

☐ First payment due: 30 days after filing
☐ Payment due date: [__/__/____]
☐ Monthly payment: $[________________]

Payment Method

☐ Direct to Chapter 13 Trustee
☐ Wage deduction order (if applicable)
☐ Electronic payment via TFS Bill Pay or similar

Maintain Regular Payments

☐ Mortgage payments (if paid direct)
☐ Vehicle payments (if paid direct)
☐ Insurance premiums
☐ Domestic support obligations

XI. Post-Confirmation Requirements

Debtor Obligations During Plan

☐ Make all plan payments timely
☐ Maintain insurance on secured property
☐ File annual tax returns
☐ Provide tax returns to trustee if requested
☐ Report income changes
☐ Seek court approval for new debt
☐ Pay all post-petition domestic support

Annual Tax Return Requirement

☐ File all tax returns during plan
☐ Provide copy to trustee upon request

XII. Plan Modification

Grounds for Modification

☐ Changed circumstances
☐ Income increase/decrease
☐ Unexpected expenses
☐ Sale of property

Modification Process

☐ File modified plan
☐ Notice to creditors
☐ Hearing on modified plan

XIII. Discharge Requirements

Pre-Discharge Requirements

☐ Complete all plan payments
☐ Complete debtor education course
☐ Certify current on domestic support obligations
☐ Certify no homestead fraud

Debtor Education Course

☐ Course taken from U.S. Trustee-approved provider
☐ Completed after filing
☐ Certificate filed with court
☐ Certificate date: [__/__/____]

Discharge Timing

☐ After completion of all plan payments
☐ Upon certification of completion requirements

XIV. Hardship Discharge

Available When

☐ Debtor's failure to complete plan due to circumstances beyond control
☐ Unsecured creditors have received at least Chapter 7 amount
☐ Modification not practicable

XV. Common Deadlines Summary

XVI. Quality Control Checklist

Before Filing

☐ All eligibility requirements verified
☐ Debt limits confirmed
☐ Regular income documented
☐ Plan payment feasible
☐ All schedules accurate
☐ All creditors listed
☐ Credit counseling certificate current

After Filing

☐ First payment date calendared
☐ 341 meeting date confirmed
☐ Confirmation hearing date noted
☐ Client understands obligations

XVII. Document Tracking Log

Sources and References

• U.S. Bankruptcy Court Official Forms: https://www.uscourts.gov/forms/bankruptcy-forms
• Chapter 13 Basics: https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics
• U.S. Trustee Program: https://www.justice.gov/ust
• Debt Limits: https://www.thebankruptcysite.org

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]