It is your responsibility as a Chapter 13 debtor to propose a workable or feasible plan. The Court will confirm a Chapter 13 plan if the plan meets the requirements of Chapter 13 generally; all fees and payments have been made; the plan is proposed in good faith; each secured creditor has either accepted the plan or the debtor has surrendered the collateral back to the secured creditor or is paid its secured claim under the plan; each general unsecured creditor will receive at least as much as the creditor would have received if you had filed a Chapter 7 Bankruptcy; the plan appears feasible and you will be able to make the required payments and comply with the plan terms.

At the time of the Section 341 First Meeting of Creditors, the Trustee will tell you and your attorney whether the Trustee will recommend confirmation of your plan and under what terms. If the Trustee does not recommend your plan for confirmation, the Trustee will tell you and your attorney what needs to be done in order for the Trustee to recommend confirmation. If you disagree with the Trustee’s decision, you should consult with your attorney. You have the right to ask the court to confirm your plan even if the Trustee does not recommend confirmation.

The Trustee’s office can provide assistance to your attorney to develop and/or modify a plan. The Trustee and Staff Attorney are available to meet with your attorney or to discuss your plan by telephone.

This web site is for informational purposes only. The Office of the Chapter 13 Trustee does not render legal advice. If you have a legal question concerning a Chapter 13 bankruptcy, please contact your attorney.