The united states Bankruptcy Court

for the Eastern District of Virginia            

Chapter 13 “Wage Earner Plan”

 

Chapter 13 - “Wage Earner Plan”

A chapter 13 case provides you the opportunity to restructure your debts through a payment plan which normally lasts three years. With court approval, a plan may last up to five years. The Chapter 13 Trustee receives all funds you pay through the plan and pays creditors from these funds.

 

Chapter 13 Filing Requirements

An original of the following is required when filing a chapter 13:

 

· Notice to Individual Consumer Debtor (s)*

· Voluntary Petition*

· Statement of Social Security Number (s)* not available to public

· Exhibit D - Individual Debtor's Statement of Compliance With Credit Counseling - EDVA, and Certificate of Credit Counseling (or Certificate of Exigent Circumstance or Motion for Exemption) *Individuals only

· Declaration of Divisional Venue*

· Fees - a payment due at time of filing*

· List of Creditors-Mailing Matrix (in txt format) with Coversheet* must be submitted on computer diskette

· Schedules A through  J

· Summary of Schedules and Statistical Summary of Certain Liabilities

· Statement of Financial Affairs

· Statement of Current Monthly Income and Disposable Monthly Income (Form B22C)

· The Chapter 13 Plan (may be filed with petition but must be filed within 15 days thereafter except as otherwise provided for by local bankruptcy rule). Use only the Chapter 13 Plan form approved by the Court – Ver. 06/28/06 (effective 09/01/06); available from the Clerk’s Office upon request and on the Court’s website at www.vaeb.uscourts.gov/

· Disclosure Statement of Bankruptcy Petition Preparer (B280), if applicable

· Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer (See 11 U.S.C. §110) (Official Form 19 - which includes Notice to Debtor for Non-Attorney Bankruptcy Petition Preparer)

· Copies of Payment Advices and Tax Returns (received 60 days prior to petition filing) should be submitted to Trustee at least 7 days prior to your scheduled Meeting of Creditors.

 

*The asterisk at the noted bullet items above identify the minimum requirements to initiate a bankruptcy case. You must file these asterisked items to initiate your bankruptcy case. You will need to provide your daytime telephone number to the Clerk’s Office.

 

Your Chapter 13 Plan payments must be mailed to the Chapter 13 Trustee assigned to your case.

 

 

 

 

 

IMPORTANT: Failure to comply with the filing requirements or missing deadlines may result in your case being dismissed and loss of bankruptcy protection.  Please read the section on Minimum Requirements to Initiate Bankruptcy Case; Notice of Possible Dismissal of Your Case.