Lawyer or pro se
Can you file Chapter 13 without a lawyer?
The law allows it. The federal courts' official instructions for individual bankruptcy forms warn, though, that it is extremely difficult to succeed in a Chapter 11, 12 or 13 case without an attorney. Chapter 13 is a repayment plan that usually lasts three to five years, and the discharge comes only after the debtor completes all payments under the plan.1 2 3 4
Connect to a bankruptcy lawyerYou are allowed to. This guide sets out what Chapter 13 adds on top of the forms: a plan a judge must approve, payments that start early, and years of follow-through before any discharge.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
What does Chapter 13 add to the paperwork?
A Chapter 13 filer completes the same petition, schedules and statement of financial affairs as anyone else. On top of that come a plan, a payment schedule and a court hearing on the plan. The table lists the main steps and what the official sources say about their timing.2
| Step | What the official sources say |
|---|---|
| The plan5 | It must be filed with the petition or within 14 days after the petition is filed. The debtor must use the official plan form, Form 113, unless the court has adopted its own local plan form. |
| The first payment6 3 | The debtor must start making plan payments to the trustee within 30 days after filing the plan or the case, whichever is earlier, even if the court has not yet approved the plan, unless the court orders otherwise. |
| The meeting of creditors3 | It is held between 21 and 50 days after filing. |
| The confirmation hearing3 | The judge holds it no later than 45 days after the meeting of creditors. Creditors get 28 days' notice and may object. |
| The plan period3 7 | Generally three years if income is below the state median, unless the court approves longer, and generally five years if it is above. A plan cannot run longer than five years. |
| The discharge3 4 | It comes after the debtor completes all payments under the plan, and the court cannot grant it until the debtor finishes a personal financial management course. |
What does the court look for in a plan?
A plan is not approved just because it was filed. To confirm it, the court must find, among other things, that the plan was proposed in good faith, that unsecured creditors receive at least what they would be paid in a Chapter 7 liquidation, and that the debtor will be able to make all payments under the plan and comply with it.8
Income forms feed into this. In Chapter 13, Form 122C-1 reports current monthly income, compares it with the state median for the household size and sets the applicable commitment period. If income is above the median, the filer must also file Form 122C-2, which calculates an amount the plan may be required to pay toward unsecured debts.2
How each debt is treated inside the plan is where the law gets technical. On this point the federal courts say a debtor should consult an attorney to determine the proper treatment of secured claims in the plan.3
Who can object to the plan?
The Chapter 13 trustee reviews the case and creditors may object to confirmation. The federal courts say the most frequent objections are that creditors would receive less than in a liquidation, or that the plan does not commit all of the debtor's projected disposable income.3
An objection to confirmation must be filed and served on the debtor and the trustee at least 7 days before the date set for the confirmation hearing, unless the court orders otherwise. A person filing alone has to deal with it personally.5
Why does finishing the plan matter so much?
In Chapter 13 the discharge sits at the end. If the debtor fails to make the payments due under a confirmed plan, the court may dismiss the case or convert it to Chapter 7.3 4
- The court may dismiss or convert a Chapter 13 case for cause, including failure to file a plan on time, failure to start making timely payments, and material default under a confirmed plan.9
- A Chapter 13 debtor may convert the case to Chapter 7 at any time, and a waiver of that right is unenforceable.9
Which of these routes fits a plan that has run into trouble depends on the person's income, property and debts. That choice is legal advice, and court employees and judges are prohibited by law from giving it.1
Who can file Chapter 13 in the first place?
Chapter 13 is for individuals with regular income, and it has debt limits. For cases filed on or after April 1, 2025, unsecured debts must be under $526,700 and secured debts under $1,580,125. Self-employed people and people with an unincorporated business can be eligible.3 11
The limits count only certain kinds of debt, measured on the filing date, so whether a particular person is under them can depend on how each debt is classified. A lawyer or the court's own materials are the place to check.3 11
Where are the official instructions?
The federal courts publish a booklet of instructions for the bankruptcy forms individuals file, and the forms themselves are free on the courts' website. The booklet says its instructions are not legal advice and that the filer is responsible for properly completing the forms.2 1
Chapter 13 practice also varies by court. Many courts require local forms, and local rules are posted on each court's website.1
The federal courts add that the law on the scope of the Chapter 13 discharge is complex, so debtors should consult competent legal counsel before filing. People who cannot afford an attorney may qualify for free legal services.3 1 2 12
Common questions
Is Chapter 13 harder to do alone than Chapter 7?
The official form instructions single it out: they warn that it is extremely difficult to succeed in a Chapter 11, 12 or 13 case without an attorney. Chapter 13 involves a repayment plan that usually lasts three to five years.2 3
When do Chapter 13 payments start?
Within 30 days after filing the plan or the case, whichever is earlier, even if the court has not yet approved the plan, unless the court orders otherwise.6 3
What if I cannot keep up with the plan?
A plan may be modified after confirmation, and a Chapter 13 debtor may convert the case to Chapter 7 at any time. If payments under a confirmed plan are missed, the court may dismiss the case or convert it. Which option applies to you is a question for a lawyer.3 10 9 4
Sources
Official courts & government references- Filing Without an Attorney (uscourts.gov)
- Instructions: Bankruptcy Forms for Individuals, rev. April 2025 (uscourts.gov)
- Chapter 13 - Bankruptcy Basics (uscourts.gov)
- 11 U.S. Code § 1328(a) (Cornell LII)
- Rule 3015. Chapter 12 or 13: Time to File a Plan (Cornell LII)
- 11 U.S. Code § 1326(a)(1) (Cornell LII)
- 11 U.S. Code § 1322(d) (Cornell LII)
- 11 U.S. Code § 1325(a) (Cornell LII)
- 11 U.S. Code § 1307 (Cornell LII)
- 11 U.S. Code § 1329(a) (Cornell LII)
- Federal Register, 90 FR 8941 (Feb. 4, 2025), Judicial Conference: Adjustment of Certain Dollar Amounts Applicable to Bankruptcy Cases
- U.S. Trustee Program: Means Testing (justice.gov)