As in many other court-related cases, when filing for Chapter 13, submitting the necessary paperwork is the entry-level step before the debtor can move on with their case. There’s an extensive list of all the documents needed to file chapter 13 bankruptcy, and acquiring them all is mandatory.
Many Chapter 13 cases are dismissed on grounds of debtor’s failing to timely submit every requested form, so it is advised not to try to go through the bureaucracy of the case alone. Contact your trusted bankruptcy lawyers Escondido CA to make sure your case gets the green light to be proceeded, even if your bankruptcy case has been dismissed before.
Documents needed to file Chapter 13 bankruptcy
After ensuring that you are eligible for Chapter 13 bankruptcy, it’s time to submit the documents. When it comes to Chapter 13 document submission, it is important to know that some of the forms must be provided immediately, with the petition, while some can be submitted within the following 14 days. To make sure you missed no form or deadline, make sure you get the legal instructions from your bankruptcy lawyer.
The list of the documents needed to file Chapter 13 plan includes:
- The proof of filing-related court fees payments;
- Voluntary petition, signed by the debtor;
- The list of all debtor’s creditors and debt amounts to each;
- Statement of Social Security Number;
- Debtor’s statement of compliance with Credit counseling requirement;
- Certificate of credit counseling;
- If the debtor is incapacitated or on active military duty, and therefore cannot meet this criteria, they are asked to file a motion to waive the counseling requirement, as well as provide the statement of exigent circumstances;
- Statement of a current monthly income and calculation of the commitment period;
- Summaries of schedules and liabilities, as well as the declaration of debtor’s schedules of assets and liabilities;
- Statement of financial affairs;
- Chapter 13 plan, explaining how the debts would be paid in monthly installments.
Each of the listed documents, proofs and forms, must be filled in properly and provided within the corresponding deadlines, before it is approved that Chapter 13 case is carried on with.
The consequences of failing to file all the documents
Failing to properly fill out or file any of the required documents needed to file Chapter 13 will result in Chapter 13 case dismissal, so-called dismissal without prejudice. This will set the debtor back, allowing the creditors to come back and demand that all the debts are paid. The petitioner will be allowed to try and file for the same plan again, but the time and resources spent will be irretrievably lost.
Don’t miss a beat when filing for Chapter 13 plan – Consult with the top bankruptcy lawyers in Escondido
Filing for a bankruptcy plan is a stressful process, and at the same time, it has to be done carefully, minding all the little details. The situation can get even more overwhelming if the case gets dismissed, and the whole process needs to be done again. If you feel lost in all of the forms and requests, that it is completely understandable. San Diego Chapter 13 bankruptcy lawyers Chang&Diamond, APC are available for all the questions you might have. Together, we will assess your debt, assets and income, to make sure you run with a sustainable case. Call our toll free numbers (619) 312-4900 or (800) 718-8118, and schedule your free consultation today.