A chapter thirteen case begins by processing an excellent petition for the bankruptcy judge offering the area in which the borrower keeps good domicile otherwise quarters. Unless of course the brand new judge requests otherwise, new debtor should file into the legal: (1) times away from assets and you can debts; (2) a plan from newest money and you will costs; (3) a routine away from executory agreements and unexpired accommodations; and you can (4) a statement out of financial facts. Fed. R. Bankr. P. 1007(b). The fresh borrower must document a certificate of borrowing from the bank counseling and you will a duplicate of any obligations installment bundle establish compliment of borrowing from the bank guidance; proof of commission of companies, if any, gotten 60 days in advance of processing; an announcement away from monthly net income and you will one forecast upsurge in money otherwise costs immediately after filing; and you can track of any appeal the new debtor have during the government or state licensed training or university fees levels. 11 You.S.C. 521. The latest borrower must provide the brand new part 13 situation trustee having an effective backup of the tax go back or transcripts for the most present tax 12 months as well as tax statements submitted inside instance (in addition to tax statements getting earlier ages which had maybe not been recorded in the event that circumstances first started). Id. eleven You.S.C. 302(a). (The state Forms may be bought at court stationery stores otherwise downloaded from the web in the They are not provided by the fresh new courtroom.)

The amount of payments is limited to help you five, additionally the borrower must make finally repayment zero later than simply 120 months just after submitting the petition

The newest courts have to charge good $235 situation filing fee and you may an excellent $75 miscellaneous management commission. The charges must be paid back towards the clerk of courtroom up on submitting. Into the court’s consent, not, they may be paid in installment payments. twenty-eight U.S.C. 1930(a); Given. R. Bankr. P. 1006(b); Bankruptcy proceeding Courtroom Various Payment Agenda, Goods 8. Given. R. Bankr. P. 1006(b). Id. The newest debtor can also spend the money for $75 administrative payment from inside the installments. When the a combined petition was submitted, just one processing percentage plus one administrative payment was charged. Debtors should be aware of you to failure to spend this type of charges may end in dismissal of the situation. eleven You.S.C. 1307(c)(2).

To complete the official Bankruptcy Variations that make up the latest petition, report out-of monetary affairs, and you may dates, the fresh new borrower need attain next advice:

1. A listing of the creditors as well as the amounts and you can nature from the claims;
2. The source, count, and volume of your debtor’s income;
3. A listing of all the debtor’s property; and you can
4. Reveal variety of the debtor’s monthly bills, we.e., eating, outfits, safeguards, tools, taxes, transportation, medication, an such like.

To have result in revealed, this new legal will get continue the amount of time of any repayment, so long as the very last repayment is repaid no afterwards than just 180 months immediately after submitting the latest petition

Hitched some one need certainly to collect this post for their spouse irrespective of if they was submitting a joint petition, independent personal petitions, or even if perhaps one lover was processing. In times where singular partner data, the cash and you will expenses of one’s low-processing partner is necessary therefore the courtroom, this new trustee and you may loan providers can measure the household’s financial position.

When just one data files a chapter thirteen petition, an impartial trustee is designated to administer the outcome. 11 U.S.C. 1302. In a few areas, the fresh new You.S. trustee otherwise case of bankruptcy manager (2) appoints a position trustee so you’re able to serve in all chapter 13 cases. 28 You.S.C. 586(b). New section thirteen trustee each other assesses your situation and you can serves as a great disbursing broker, collecting money from the debtor and making withdrawals in order to loan providers. 11 You.S.C. 1302(b).