Select your state


Chapter 13 bankruptcy—repayment plan

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 Texas, as in all states, the regulations regarding the filing of a repayment plan in a bankruptcy case are governed by federal bankruptcy law, specifically under Chapter 13 of the United States 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, and it requires the debtor to make regular payments to a trustee, who then distributes the funds to creditors. The repayment plan may allow for creditors to receive less than the full amount owed to them. It's important for debtors to adhere to the requirements of the Bankruptcy Code and to make their payments on time, as failure to do so can lead to dismissal of their bankruptcy case or conversion to a different chapter of bankruptcy.

Legal articles related to this topic