How to File Your Own California Chapter 13 Plan
- 1). Download the Chapter 13 Plan form from the website of the Northern, Middle or Southern California bankruptcy jurisdiction, depending on the location where you filed your bankruptcy petition.
- 2). Enter your income, expenses and taxes on the plan form exactly as listed on the bankruptcy petition documents. The figures on your bankruptcy petition will serve as the basis of your plan, so you must adhere to them or the court will not confirm, or approve, your payment plan.
- 3). Make a list of your debts as the court classifies them: priority, secured or unsecured. Priority debts include non-dischargeable debts such as alimony or child support payments, employee wages you owe and most tax debts. You will pay these first in your plan. Pay secured debts such as mortgages and vehicle loans once priority debts are paid off. Pay unsecured debts such as credit cards and bank loans after all secured debts are paid or the accounts are in good standing. The court will discharge any unsecured debt left over once the plan ends.
- 4). Fill out the top portion of the document, including your name, address, phone number and fax number and email address, if applicable. Check the box that indicates you are filing pro se, or without an attorney.
- 5). List any aliases, trade names or maiden names you used within the past eight years in the space provided.
- 6). Write your case number where the document requests, but do not fill in the space for in the creditors' meeting or the confirmation hearing sections because the court clerk will give you that information when you file.
- 7). Read the notice that details the terms of the plan. Seek help from a legal aid organization if you have questions.
- 8). Follow the instructions in the paperwork to create a plan. Include the creditor name, amount of debt, last four digits of the account number, value and interest rate, if applicable, for all priority and secured debts. Detail how many monthly payment will go to each debt and how much you will pay toward each debt over the life of the plan. Do not list unsecured debts. Instead, write the percentage of total unsecured debt that you will pay back once the plan ends.
- 9). File the plan within 14 days of filing your bankruptcy petition. Mail the plan to your jurisdiction's courthouse or take it there in person to ensure the court receives it on time. The clerk will give or mail you copies of the plan with the information on the creditors' meeting and the confirmation hearing filled in.
