The Chapter 13 Bankruptcy Process

Courthouse columns - Patrick West

A chapter 13 bankruptcy case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence.

Unless the bankruptcy court orders otherwise, the debtor must also file with the court:

(1) schedules of assets and liabilities
(2) a schedule of current income and expenditures
(3) a schedule of executory contracts and unexpired leases and
(4) a statement of financial affairs. 

The debtor must also:
a) file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling
b) provide evidence of payment from employers, if any, received 60 days before filing
c)  furnish the bankruptcy court a statement of monthly net income and any anticipated increase in income or expenses after filing and
d) provide  records of any interest the debtor has in federal or state qualified education or tuition accounts.

The debtor must provide the chapter 13 bankruptcy case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began).In a chapter 13 bankruptcy , a husband and wife may file a joint petition or individual petitions.

Fort Worth bankruptcy attorney Patrick D. West will give you straight answers for your questions on chapter 13 bankruptcy. Mr. West has law offices in both Fort Worth and Irving for your convenience.  For any questions on the bankruptcy filing process, call the Patrick D. West Law Firm.

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