Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 14 days after the petition is filed. A plan must be submitted for court approval and must provide for payments of fixed amounts to the trustee on a regular basis, typically biweekly or monthly. The trustee then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims.
In New York, as in all states, the regulations regarding the filing of a repayment plan in a bankruptcy case are governed by federal law, specifically the U.S. Bankruptcy Code. When an individual files for Chapter 13 bankruptcy, they must submit a repayment plan either with their petition or within 14 days after the petition is filed, unless the court grants an extension. This plan outlines how the debtor proposes to pay off their debts over a period of time, usually three to five years. The plan must be approved by the court after a hearing that creditors can attend and object to if they wish. Once approved, the debtor makes regular payments to a trustee, who then distributes the funds to creditors according to the plan. The plan may involve repaying all or just a portion of the debts, depending on the debtor's income and the type of debt. The trustee also oversees the debtor's compliance with the repayment plan and acts as an intermediary between the debtor and the creditors.