Chapter 13 Bankruptcy Plan

The bankruptcy code requires a chapter 13 debtor to file a chapter 13 plan. The chapter 13 debtor has the exclusive right to file a plan as chapter 13 is a voluntary proceeding. If the debtor fails to file a plan, the case may be dismissed or converted to chapter 7.

Chapter 13 plans generally are designed to adjust payment of debts under a flexible repayment plan. Usually these payments are made from future wages or income. There are some mandatory provisions for a chapter 13 plan, but most are permissive.

A chapter 13 plan is usually three to five years in length. Not all secured creditors - such as an up-to-date car loan - are required to be paid as part of the chapter 13 plan. Priority claims, such as child support and alimony arrearages, may be paid through the plan. Defaults in mortgage payments may be cured in a chapter 13 plan.