- 1). Hire a lawyer. It is very difficult to file Chapter 13 bankruptcy properly without a lawyer. Go to your state's bar association website for a listing of attorneys.
- 2). Take the mandatory credit-counseling course within six months of your filing date. You can attend the 60- to 90-minute class online or over the phone. You will receive a certificate of completion, which should be filed with your Chapter 13 bankruptcy petition. The fee for the class varies by provider but it is typically no more than $50, as of December 2010.
- 3). Consult with your lawyer in completing the bankruptcy petition. She will take you through all the schedules, including the means test which the court uses to make sure your income is high enough to afford Chapter 13 plan payments. Provide accurate information about your income, assets and expenses on the other schedules.
- 4). Devise a three- to five-year repayment plan in consultation with your lawyer. Make sure the plan first pays off nondischargeable debts such as child support, criminal debt and some tax debt. Next, pay secured debts such as vehicle loans and mortgages. Finally, pay unsecured debts such as credit cards. The court discharges any unpaid unsecured debt once you finish the plan.
- 5). Give your lawyer documentation of your income and receipts or bills to prove expenses, and pay the Chapter 13 filing fee, which is $279 as of December 2010. Your lawyer will file the petition, counseling certificate and payment plan and pay the fee for you.
- 6). Request the date of the so-called Section 341 meeting from your lawyer. The meeting takes place approximately six weeks from the date you file. You must attend it to answer questions from the court trustee and creditors. Creditors usually do not attend the meeting, so it typically lasts no more than 30 minutes.
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