Pre-filing Actions

• Credit counseling is a prerequisite for filing Chapter 13 bankruptcy. While the choice is yours whether to attend private or group counseling, you must complete this requirement not more than 180 days before filing and include a certificate of completion when filing bankruptcy forms.
  
  

Forms and Fees

• The process begins when you complete and file the first of two sets of forms and pay all or a part of the required filing fee at the County Clerk office in your area. This first set includes a voluntary petition for bankruptcy, your credit counseling completion certificate and up to 21 additional forms, depending on whether you file on your own or with the help of a bankruptcy lawyer and whether you file with your spouse. If you choose to pay the filing fee in installments, you will need to include one additional form in your packet. As of 2010, the filing fee for Chapter 13 is $274.
  
  

Repayment Plan

• Because you have only 30 days from the time you file the first set of forms to start repaying creditors, no matter how long it takes the filing process to finish, the next step is to create and file a proposed repayment plan. This must occur within 15 days of the first filing. In most cases, you work with a trustee of the court to create this plan, with all payments you make going first to the trustee, who in turn then pays your creditors.
  
  

Meeting of Creditors

• Within 20 to 50 days of receiving your petition and verifying receipt of the correct paperwork, the bankruptcy court schedules a meeting for you, your creditors and the trustee who will administer your Chapter 13 repayment plan. This is where you talk to creditors about your financial situation and proposal for repayment. Although the term the court uses to describe this is a "creditors meeting" and a judge will not be present, this is a legal court proceeding during which time your creditors have an opportunity to question you under oath.
  
  

Confirmation Hearing

• The final step in the process of filing Chapter 13 bankruptcy is a confirmation hearing that takes place within 45 days of the creditor meeting. If a judge approves your repayment plan, the filing process is complete. If not, you make any necessary changes and schedule a second confirmation hearing.