Filing a Chapter 13 Petition is much more complicated then a basic Chapter 7.
Here are some tips to assure that your petition is drafted in the most accurate manner possible:
Be sure to complete all questions related to Autos and Real Estate. We must know the Interest rate, monthly payments and creditor for each, we must also know if the client will surrender or keep the property.
Be sure to complete the clients income pages, including YTD, and last 2 years total income and source. Even if only one spouse is filing, the trustee will require that each spouses income is disclosed.
If only one spouse is filing, include both incomes and the additional expenses (if any) of the non-filing spouse. This also includes any debt repayment that the non-filing spouse is making on a monthly basis.
The Clients payments will depend on their disposable income after expenses. Please keep in mind that the trustee will use his/her discretion on any over the top expenses. We will bring any high expenses to your attention prior to filing.
The payment that is calculated prior to filing is due the day of the 341 hearing, which is 30 days after filing, please prepare you client to bring a cashiers check or money order with them to the hearing, the Trustee will not accept cash payments, since these payments must be conformed.
If you have any questions regarding other topics of the Chapter 13 Bankruptcy, please contact us.