Why File Bankruptcy Chapter 13 in California?

What You Need to Know to be Successful in Your Chapter 13 Case

Silveira Law Offices will work closely with you to gather the proper documents and information needed to prepare your case for filing.  You must provide accurate and complete information in regards to your full financial situation.  You will have completed the pre-bankruptcy counseling course required to file your case.  You will have a comprehensive session with your attorney to review, sign and file your bankruptcy petition and schedules and Chapter 13 plan.

Once your case is filed, you will receive copies of all filed paperwork and you must carefully review this paperwork to re-verify all the information in this filed paperwork.  Any mistakes, inaccuracies or needed corrections should be communicated to your attorney immediately so that the proper revisions can be filed.
‍

You must make your monthly payment in the amount set forth in the budget reviewed at your signing session.  You can mail this payment in the form of a cashier’s check or money order to the Chapter 13 Trustee assigned to your case or you can arrange to make your payment electronically through the TFS billpay service at https://www.tfsbillpay.com/
‍
You will be provided a log/spreadsheet to use in the event you receive any contact from your creditors.  You will let Silveira Law Offices know of any such contact so that proper action can be taken to prevent any further direct contact from your creditors.  The instant your case is filed, an automatic stay is activated, making any contact from creditors illegal.  Your attorney can assess what legal action may need to be taken.

The Chapter 13 Trustee will schedule a Meeting of Creditors.  This is usually scheduled within 4-6 weeks of the filing of your case. The purpose of this meeting is to answer questions from the trustee to verify your identity and your financial circumstances as set forth in the paperwork you have filed.  Your attorney will be in touch to help you prepare for this meeting.  Usually, creditors do not appear at this meeting.  These meetings are currently being conducted by phone or Zoom conference.  This is the only matter which you must attend.  There are no exceptions.

Once you have completed the meeting of creditors, the trustee will either advance your case for confirmation or file an objection indicating a problem that needs to be fixed before you case can be confirmed.  This is also true in the event any of your creditors file an objection.  The important thing to know is that most objections can be addressed so that your case can be confirmed.  Your job is to remain available to your attorney so that any objections can be handled as soon as possible.

Once your case is confirmed, your number one job is to keep making your plan payments.  If you foresee any problems making a payment, please contact your attorney right away.  It is best to be proactive in these circumstances as your options dwindle if you wait too long.

It is also your job to report any changes in your situation to your attorney like the loss of a job or reduction in hours or pay or the acquisition of an asset such an inheritance.  You also should not dispose of any asset without discussing the matter with your attorney.

You must also complete a financial management or debtor education course before you make your last plan payment.  You are strongly encouraged to do this right away.  You will not get your discharge if you have not completed this course.  This is in addition to the pre-bankruptcy counseling certificate you obtained before you filed your case.  Most clients find it convenient to go back to the same provider they used for the pre-bankruptcy counseling certificate to complete the required financial management course.

Once you have made all your payments and completed your financial management course, you will receive your Discharge Order from the court.