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Chapter 13 plans
Chapter 13 plan form
The Chapter 13 plan form is the official document a debtor uses to set out the repayment plan. The national form is Official Form 113, effective December 1, 2017, unless the local court has adopted its own form. 1 2
Talk to a lawyerHow it works
The plan is due with the petition or within 14 days after it, and the court extends that only for cause. Check which form your court requires before drafting anything. 1
Part 1 matters most. The debtor must check one box on each line to say whether the plan limits a secured claim, avoids a judicial lien or certain security interests, or has nonstandard provisions. An item checked "Not included", or with both boxes checked, is ineffective even if it appears later in the plan. 3
A filer without a lawyer must sign the plan and, by filing it, certifies that its wording and order match the official form except for nonstandard provisions in Part 8. 3
Creditors are told their claims may be reduced, modified or eliminated, and that an objection to confirmation is due at least 7 days before the confirmation hearing unless the court orders otherwise. 3
What it covers
| Part | What it covers |
|---|---|
| Part 1 3 | Notices, including the boxes for special provisions 3 |
| Part 2 3 | Plan payments and length of plan 3 |
| Parts 3 to 5 3 | Secured claims; fees and priority claims; nonpriority unsecured claims 3 |
| Parts 6 and 7 3 | Executory contracts and unexpired leases; vesting of property of the estate 3 |
| Part 8 3 | Nonstandard plan provisions 3 |
| Part 9 3 | Signatures 3 |
Common questions
What happens if a special term is written somewhere else in the form?
It is not effective. A nonstandard provision counts only when it is in the section for nonstandard provisions and identified as the form requires. 1
What if the plan is not filed on time?
Failure to file a plan on time is one of the causes for which a court may dismiss a Chapter 13 case or convert it to Chapter 7. 4
Sources
Filing without a lawyer?
The Pro Se Guide explains the process step by step for people who file on their own.
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