Mastering your Chapter 13!

Chapter 13 Case Management

Calendaring is required for all Chapter 13 cases to keep the process running smoothly. 

Day one: When possible, file the case complete along with the Chapter 13 Plan, RARA, Declarations
and Disclosures. Add the client to the National Data Center so that the case and Chapter 13 payments
can be monitored.

Day two: Send last 2 years tax return, Declarations, RARA and Plan to the Trustee. Send the client a
copy of all documents. Send them a notice informing them when their Mortgage payments should be
made and what debts are included in the plan (i.e. auto payments, student loans, IRS and FTB taxes).

Between day one and three: Start the LAM (Lien Avoidance Motion) if applicable, obtain hearing date
by self-calendaring, file and serve First and Second TD banks a copy by certified mail. There are
requirements required under 7004 of the Code on how to correctly mail and serve the LAM Motions. You
are also required to serve the Trustee and Judge.

5 days from filing: Contact the Trustee office for any additional requirements and recommendations.

15-30 days from filing: request the Debtor’s first proof of mortgage payment, this must be done every
month and Post Petition declarations must be filed and served on the trustee along with proof that that
Debtor’s have been paying their mortgage payments since the start of the case. The easiest way to stay
on top of this task is to calendar it as reoccurring and due on the 20th of each month. We choose the
20th because most banks have a grace period for payment due date between the 1st and 16th of each
month. This gives the Client time to bring, fax or email the proof of payment to the Attorney’s office.

Since some Trustees schedule the confirmation hearing 1 year out, you will need to calendar the Post
petition Mortgage payments accordingly. The Declarations can be filed every 3 months. If the
confirmation hearing is approaching and you have less then 3 months of proof of mortgage payments,
the declaration must be filed as is.

Reminder: Calculating post petition mortgage payments. If the case was filed prior to the usual
mortgage due date, then the mortgage payment must be paid on that day. If the case was filed on or
after the due date, then the mortgage payment is due the next month.

I hope the above information will help in the planning of your next 13!

Crystal Ibarra