Bankruptcy & Student Loans
Chapter 13 is a court plan to pay debts, often over three to five years. It may help you keep a home, but you must make the required payments.
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Judicial Conference of the United States · Issuer of the dated bankruptcy dollar-adjustment notice
Finding: The notice adjusted the separate Chapter 13 secured and unsecured debt limits for cases filed on or after April 1, 2025. It does not decide whether an individual’s debts or proposed plan meet the law.
Judicial Conference: adjustment of certain bankruptcy dollar amounts, Federal Register February4,2025 (opens in a new tab) · Feb 4, 2025 · Checked Oct 3, 2026
Not covered by this case
Ask the court about installment approval; lawyer and course fees are separate.
Source: US Bankruptcy Court Southern District of Florida: filing Chapter13 · as of Oct 3, 2026
DOJ describes free or reduced-fee counseling based on ability to pay. The later education course is separate.
Source: DOJ US Trustee: credit counseling FAQs · as of Oct 3, 2026
Confirm what work is included before you hire a lawyer. No firm price is supplied here.
Source: US Courts: filing without an attorney · as of Oct 3, 2026
Gather debts, income, property and urgent notices. Complete approved counseling before filing unless a valid exception applies.
Source: DOJ US Trustee: credit counseling and debtor education · as of Oct 3, 2026
Prepare the petition and plan. Answer the trustee’s questions and follow the case’s meeting, approval and payment steps.
Source: US Courts: Chapter 13 bankruptcy basics · as of Oct 3, 2026
Keep paying as required and complete the later course. Ask about income changes; the court’s discharge clears only qualifying debts.
Source: US Courts: discharge in bankruptcy · as of Oct 3, 2026
Chapter 13 is a court plan to pay all or part of your debts over time. It is for people with regular income who can fund a plan. Most plans last three to five years. [1]
You propose the plan, and the judge must approve it. A trustee, the person who handles plan payments, collects money and pays those you owe. A creditor is a person or business you owe. The plan needs to meet legal rules as well as fit your income. It is not just a new loan that combines bills. [1]
Chapter 7 is a different bankruptcy route. It can involve selling property that the law does not protect to pay debts. The repayment route instead uses a plan and may let you catch up on a home loan. Ask which path fits the debts, income and property you have. Neither chapter promises that you will keep every asset or clear every bill. [1] [2]
A plan may be a poor fit if you cannot sustain the required payments. Ask about other options before you file, including an agreement with those you owe. Show a lawyer your actual budget, not just the amount you hope to pay. A court plan takes work over several years. [1] [2] [6]
A court plan may help you keep property while paying debts over time. It can give you a way to catch up on past-due home payments. You still need to pay the home loan bills that come due during the plan. [1]
Timing matters if a foreclosure sale is near. Foreclosure means the lender takes and sells a home after missed payments. A completed sale under state law can limit what a court plan can do. Do not assume a phone inquiry stops that sale. Show a lawyer the sale notice and ask what must be filed, and when. [1] [6]
A car loan also needs a specific review. The plan may change some secured debt payments, but that is not a promise that any car can be kept. Secured debt means a lender has rights in property, such as a car or home. Explain any repossession notice and how much you still owe. [1]
Ask separately about a tax refund, savings and retirement accounts. Property values and amounts protected by law can affect the plan. The rules depend on the property and available protections. Tell the lawyer about every account and expected refund; do not treat a balance as protected without review. [1] [2] [6]
Filing the paper that starts the case stops most collection against you or your property. The automatic stay is this legal pause. It has exceptions, and it can be short in some cases. [1]
While the stay applies, those you owe generally cannot keep suing, taking wages or calling to demand payment. Taking wages for a debt is called wage garnishment. Filing is what starts the case; checking this page or speaking with a lawyer does not. Keep any collection notices and give the lawyer the names and addresses of those you owe. [1]
Do not assume the pause covers every action or lasts until every debt is gone. Prior cases and the type of debt can affect protection. Ask about the specific wage order, home sale or other action you face. A pause in collection is different from a court order clearing a debt. [1] [7]
You need regular income and a plan that meets the court’s rules. Self-employed people can qualify too. Income alone does not answer whether a plan will work. [1]
The current debt limits took effect on April 1, 2025. The linked notice sets separate limits for secured and unsecured debts. Ask a lawyer how your debts count toward each limit; these are not income limits. The notice does not approve an individual’s case. [3] [1]
Unsecured debt is not backed by property, such as many credit card bills. Secured debt is backed by property. Bring the loan papers rather than guessing which category fits. Debt disputes and past cases need review as well. [1] [6]
The income test also affects plan length and payments. DOJ provides data by filing period for the income forms for this repayment route. Use the current data for your state and household; a single national salary cutoff would be misleading. Tell the lawyer about household income and costs, including a spouse who is not filing. [10] [1]
Approved credit counseling is generally needed before filing, with limited exceptions. The later education course is separate. DOJ lists approved providers but does not promise the quality of a specific agency. Ask which requirements and provider list apply to your case. [4] [5]
The court charges a filing fee; the sourced price is listed below. Lawyer and course fees are separate. Ask for a complete cost and payment plan before you file. [11] [5] [6]
You may ask the court to let you pay the filing fee in parts. Approval is needed; it is not an automatic waiver. Check the order and due dates for your own case. Do not assume fee-waiver advice for a different bankruptcy route applies here. [11] [1] [2]
For credit counseling, DOJ says free or reduced-fee services depend on ability to pay. Agencies must disclose their fees before the session. Ask about a fee reduction and the separate education course. This page does not quote a provider’s price or guarantee free help. [5] [4]
If you hire a lawyer, ask what the fee covers and when it is due. Ask how any payment through the plan would work and what extra work could cost. Get answers before you agree to representation. The court fee alone is not the total price of your case. [6] [11]
Most repayment plans run for three to five years. The court must approve the plan, and required payments must be made. Finishing a plan is not the same as merely filing the case. [1]
First, review income, debts, property and urgent notices with a lawyer. Complete approved counseling before filing unless a valid exception applies. Prepare the required forms and supporting records. Ask whether another route would fit better before you commit to years of payments. [1] [4] [6]
Next, file the case papers and proposed plan as required by the court. A trustee will review the case, and you must answer questions under oath at the meeting for people or businesses you owe. Those you owe can raise issues with the plan. The judge decides whether to approve it. Follow the actual meeting and payment notices for your case. [1]
Then make the required payments and complete the later education course. Tell your lawyer about income changes or trouble paying. At the end, the court can issue a discharge, an order clearing qualifying debts, if requirements are met. Child support duties and other conditions matter too. [1] [7] [4]
A missed payment can put the case at risk of dismissal or a move to the asset-sale route, Chapter 7. Ask promptly whether a plan change or another route is available. Do not assume there is a free month or automatic extension. A narrow hardship discharge is different from simply stopping payments. [1]
A bankruptcy filing can appear on your credit report for up to ten years. CFPB notes that some cases can be reported longer. It does not promise a date when your score will recover. [9]
Pay attention to the difference between your credit report and the court record. Bankruptcy filings are generally public, with limited exceptions. Court records can be viewed at the clerk’s office or through the public online record system. The court does not check or validate a consumer credit report. [8]
If you find a credit-report error, use the credit-report dispute process. The national court page points to CFPB and FTC guidance for that task. Keep copies of the debt-clearing order and case papers. Do not rely on a promise that filing will erase the public record or quickly secure a new loan. [8] [9]
Gather income, debt, property and living-cost records. Include tax papers, loan statements and any urgent court or sale notices. Bring past bankruptcy papers if you have them. [1] [6]
List everyone you owe and the nature and amount of each debt. Show income sources, how often you are paid and expected changes. Include household costs such as food, housing, transport, taxes and medicine. The required forms ask for the whole financial picture, not just the bills you want cleared. [1]
Tell the lawyer about a tax refund, accounts, property transfers and plans to take on new debt. Ask before making changes to try to qualify. Court guidance warns that hiding property or making false statements can affect rights and outcomes. Be clear about missing papers and uncertain numbers. [6] [2]
A discharge is the court order that clears qualifying debts. The plan does not clear every kind of debt. Ask which of your balances would remain after the plan. [1] [7]
Long-term home loans, child support and certain taxes can remain. Most covered student-loan debts are not cleared through the ordinary debt-clearing order. Ask about the law and any separate process for your exact debt; do not assume filing cancels it. A lien, a legal claim against property, can remain after the debt-clearing order unless dealt with in the case. [1] [7]
Ask the lawyer to explain the plan’s treatment of each debt category. The amount paid on unsecured bills depends on legal rules and your facts. A promise to pay only a fixed small share would skip those rules. The payment plan and debt-clearing order need separate review. [1] [7]
A review starts with the debts, budget and time-sensitive notices you share. Ask whether Chapter 13 is suitable and what alternatives exist. No court case starts just because you ask for help. [6] [1]
Ask who would handle the work, what records are needed and what the fees cover. If there is a home sale or wage order, make that clear at once. Keep copies of any hiring agreement and filing papers. Confirm which court rules and next steps apply before relying on protection. [6] [1]
You may file without a lawyer, but the national court guide strongly recommends qualified advice. Court staff cannot give legal advice. A non-lawyer form preparer cannot replace that advice. Ask about legal help you can afford; do not assume an inquiry guarantees representation. [6]
The court guides explain plan duties, property risks and the difference between filing and a debt-clearing order. The current court fee page supplies the filing price. The dated Judicial Conference notice supplies the adjusted debt limits. [1] [7] [11] [3]
DOJ separates pre-filing counseling, later education and the income forms for the repayment route. CFPB explains credit-report time, while the court explains public case records. Ask a lawyer to apply these rules to the state, debts and past cases involved. [4] [10] [9] [8] [6]
A Chapter 13 repayment plan usually lasts three to five years. U.S. Courts says the length depends on income and the rules that apply to the case. A bankruptcy lawyer can check the plan length that fits your household.
Source: U.S. Courts: Chapter 13 Bankruptcy Basics · as of Oct 7, 2026
Yes, Chapter 13 can sometimes help with a past-due home loan. U.S. Courts says Chapter 13 lets people with regular income propose a plan to repay debts over time. A bankruptcy lawyer can check whether a plan could address arrears and whether foreclosure rules apply.
Source: U.S. Courts: Chapter 13 Bankruptcy Basics · as of Oct 7, 2026
Tell your lawyer or trustee if you cannot make a Chapter 13 payment. U.S. Courts explains that Chapter 13 depends on a court-approved repayment plan, so missed payments can affect the case. A lawyer can discuss modification, dismissal risk, or conversion.
Source: U.S. Courts: Chapter 13 Bankruptcy Basics · as of Oct 7, 2026
Yes, some Chapter 13 cases can convert to Chapter 7. U.S. Courts describes Chapter 7 and Chapter 13 as different bankruptcy chapters with different rules. A bankruptcy lawyer can check whether conversion is allowed and what it would mean for your property and debts.
Source: U.S. Courts: Chapter 13 Bankruptcy Basics · as of Oct 7, 2026
No. U.S. Courts says people may file without an attorney, but Chapter 13 plans are complex and can affect a home, car, wages, and debts. A bankruptcy lawyer can help decide whether filing without counsel is realistic.
Source: U.S. Courts: Filing Without an Attorney · as of Oct 7, 2026
Gather income, debt, asset, tax, lawsuit, loan, lease, and payment records before a bankruptcy review. U.S. Courts explains that bankruptcy forms require detailed financial information. These papers help a lawyer or counselor check which chapter may fit.
Source: U.S. Courts: Chapter 13 Bankruptcy Basics · as of Oct 7, 2026
Chapter 13 has several timing rules rather than one general deadline. U.S. Courts describes timing tied to filing, including credit counseling within 180 days before filing and filing a repayment plan with the petition or within 14 days unless extended. A bankruptcy lawyer can check which timing rule matters.
Source: U.S. Courts: Chapter 13 Bankruptcy Basics · as of Oct 7, 2026
Use PACER or the courthouse clerk's office to check the status of a specific federal bankruptcy case. U.S. Courts says PACER can locate federal court cases, and visiting the clerk's office is another option. General bankruptcy basics pages are not a docket-status source.
Source: U.S. Courts: Find a Case (PACER) · as of Oct 7, 2026
Checked against 11 primary sources by People's Justice editors · Updated
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