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They are not available from the court.) The courts must charge a 5 case filing fee and a miscellaneous administrative fee.
(The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at
A chapter 13 bankruptcy is also called a wage earner's plan.
It enables individuals with regular income to develop a plan to repay all or part of their debts. During this time the law forbids creditors from starting or continuing collection efforts. The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts.
Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a "consumer debt" from any individual who is liable along with the debtor.
Normally the fees must be paid to the clerk of the court upon filing.
Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 14 days after the petition is filed. (3) Secured claims are those for which the creditor has the right take back certain property (i.e., the collateral) if the debtor does not pay the underlying debt. If the debtor wants to keep the collateral securing a particular claim, the plan must provide that the holder of the secured claim receive at least the value of the collateral. The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size - and five years if the current monthly income is greater than a family of the same size.
After the meeting of creditors, the debtor, the chapter 13 trustee, and those creditors who wish to attend will come to court for a hearing on the debtor's chapter 13 repayment plan. Priority claims are those granted special status by the bankruptcy law, such as most taxes and the costs of bankruptcy proceeding. The "applicable commitment period" depends on the debtor's current monthly income.
The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition.
1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8.