Chapter 13 Bankruptcy Timeline
Once we have determined that you qualify for Chapter 13, we will give you a list of documents to provide me with so that we can get your case going. We will then prepare your bankruptcy papers, have you come in to verify the information, and sign your papers. We will then file the papers with the Court. You will then receive a Chapter 13 case number from a Michigan Court and will be assigned a Judge and Trustee. Once you get a case number, you are now protected from lawsuits, creditor calls, repossessions, etc. The Trustee is the person appointed by the Michigan Court to collect the money you send in each month and distribute payments to your creditors. Your first payment to your Trustee is due 30 days from the date you filed your case.
The Court will send you a notice with 2 court dates. The first court date is typically about 30 to 40 days after you file your case. That court date is MANDATORY. It is called a 341 meeting of creditors. This is an informal hearing where the Trustee or any of your creditors can ask you questions about the information you provided in your case, your financial affairs, your expenses, and the plan you and I have proposed. Either I or an attorney from my office will appear at this hearing with you.
The second court date is called your confirmation hearing. This court hearing is MANDATORY unless someone from our office calls and tells you otherwise. Either I or an attorney from my office will appear at this hearing with you. At the confirmation hearing, the Court either confirms or dismisses your case. To confirm your case means your case is approved and accepted by the Trustee, your creditors and the Court. To have your case confirmed, it is important that you make ALL of your payments to the Court. If you don't pay the Trustee, the Trustee cannot pay your creditors and Chapter 13 bankruptcy cannot work. When you fail to make your payments to the Court or do other things required by the Court, such as provide certain documents, your Trustee or your creditors will ask the Court to dismiss your case. This means you will lose all bankruptcy protection.
Once your case is confirmed, you have a duty to keep in touch with me and keep me informed of any changes to your financial situation, good or bad, so that we may inform the Court.
