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Frequently Asked Questions - Chapter 13 Debtors
T his FAQ has been prepared for someone who has just decided to file for a Chapter 13 bankruptcy and has questions about the process ahead, but those only thinking about a Chapter 13 should find it useful as well. For more information visit our complete Chapter 13 FAQ guide including a basic FAQ on what is a chapter 13 bankruptcy .
Q. I decided I am a person who should file Chapter 13 bankruptcy. what happens now?
A. These three things first:
- The petition. This is simply the document which asks the court to bring you relief under chapter 13 of the United States Bankruptcy Code. It is a simple two page form, which will be signed by all debtors and the attorney. Once this form is filed along with the filing fee you will be given a docket number. It is at this initial stage that you have officially "filed" a chapter 13 bankruptcy. From this point on all actions by creditors are stayed, except those which might be allowed by motion in the bankruptcy court. This means creditors may no longer demand money from you, bring you to court to collect debt or even to proceed with foreclosure or repossession of your
property. Getting this docket number to the creditor quickly as they need it to stop foreclosure proceedings. While most debtors file chapter 13 bankruptcy to avoid foreclosure the filing allows you to stop collection actions and reorganize credit card debt too.
Q. When do I see the Judge?