Do I have to make chapter 13 payments before I go to bankruptcy court?

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Question:

Do I have to make chapter 13 payments before I go to bankruptcy court?

Answer:

Yes, you must make chapter 13 payments before going to bankruptcy court. Your first chapter 13 payment is one of many steps of chapter 13. According to the U.S. Bankruptcy Courts, the chapter 13 payments must start even if the repayment plan hasn’t been approved by the court. In other words, your chapter 13 bankruptcy doesn’t have to be confirmed, or approved, for you to make payments. Also, the payments do not include the bankruptcy fees and administrative costs you must pay the day your bankruptcy petition is filed.

Typically, the way chapter 13 works is that within 30 days after filing your bankruptcy petition the bankruptcy trustee must receive your payments. However, before that time you’ll have your repayment plan with the monthly payment the bankruptcy trustee expects. Instead of paying your creditors, the bankruptcy trustee holds the funds until your chapter 13 bankruptcy petition is confirmed or dismissed.

Before the petition is confirmed, you’ll have to attend a meeting of the creditors. The meeting consists of the trustee reviewing your petition and asking you questions. Approximately 45 days after your meeting of creditors, a bankruptcy judge holds a confirmation hearing to confirm or dismiss your petition. During the entire time, you’re expected to continue making chapter 13 payments.

To understand the entire chapter 13 bankruptcy process, consult a bankruptcy lawyer. The lawyer will make sure you’ve met all the eligibility requirements and are prepared for the meeting of the creditors.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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