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Schedule of Events in a "Perfect" Chapter 13 Bankruptcy

This analysis is based upon the assumption that everyone involved in the process of bankruptcy performs exactly in the manner required by the United States Bankruptcy Code, the Federal Bankruptcy Rules, and the United States Bankruptcy Court for the District of Nebraska Local Court Rules. Further, any party in interest is advised to carefully review all of the mentioned rules and monitor procedural compliance accordingly. Delays may be expected to occur with noncompliance. Dates provided here are tentative and cannot be exactly computed except where the Bankruptcy Code and the Bankruptcy Rules prescribe certain deadlines.

The number of days given is sequenced according to their occurrence in relation to other events. In other words, the number of days required by rules, etc., was applied to the sequence of events assuming that certain events happened at certain times.

This guide is not to be considered as a comprehensive blueprint especially when there is litigation nor is it intended as a substitute for the Nebraska Local Bankruptcy Rules, the Federal Rules of Bankruptcy Procedures, or the Bankruptcy Code and Amendments thereto.

Day 1. Debtor files a chapter 13 bankruptcy petition and pays the Clerk filing fees.

Day 16. Debtor files chapter 13 Statement of Financial Affairs, Summary of Schedules, Schedules a through J, and Chapter 13 plan.

United States Bankruptcy Court Clerk processes filing pursuant to her internal procedures, and places a copy of the filed documents in the chapter 13 Trustee's box at the Clerk's office.

Chapter 13 Trustee staff member picks up documents from the Clerk's office daily and delivers them to the chapter 13 Trustee office.

Within two (2) days of receipt from the Clerk's office, Chapter 13 Trustee staff reviews case for coding, and performs liquidation analysis and compliance with Trustee's objection/motion to dismiss checklist.

Memorandum to Debtor is sent immediately with payment date information.

Thereafter, another staff member enters complete case filing into chapter 13 Trustee computer, and notices of bankruptcy filing and meeting of creditors are forwarded to all parties in interest.

Order directed to debtor to begin payments or Order directed to employer is prepared and filed with the Clerk of the United States Bankruptcy Court for Judge's signature.

After Judge's signature is obtained, Clerk sends out Order regarding payments to debtor and debtor's attorney.

Day 47: Debtor is required to make the first payment pursuant to the chapter 13 Trustee's office.

Days 21-61: Meeting of Creditors is held by chapter 13 Trustee at one of three (3) locations within Nebraska - i.e., Omaha, Lincoln, or North Platte. Chapter 13 Trustee has already reviewed the debtor's plan, schedules, liquidation analysis, Trustee's objection/motion to dismiss checklist, etc., and has prepared, filed or sent appropriate motions - i.e., Motions to Dismiss, resistance to plan [which will be filed upon debtor's filing Motion to Confirm, etc.} so that debtor and debtor's counsel know what concerns the chapter 13 Trustee has regarding the filing.

Days 52-92: Objection to debtor's exemptions bar date occurs. [See Bankruptcy Rule 4003(b) or it can also be thirty (30) days after debtor has amended a schedule of exemptions unless the Court directs otherwise].

Days 42-82: Debtor must file and serve upon all parties the Motion to Confirm, a copy of the chapter 13 plan, and a Resistance Notice. Debtor must also file any Motions to Avoid Liens. Debtor's attorney should also file any Applications for Fees along with the Resistance Notice if the attorney desires to be paid upon confirmation.

Days 62-101: Resistance bar date for any Resistances to Confirmation, Motions to Avoid Liens, and Attorney Fee Applications occurs.

Days 63-103: [Assuming no resistances to confirmation] debtor files an Order of Confirmation, Any Orders Avoiding Liens, and an Order Allowing Attorney Fees.

Days 68-108: Judge signs Order of Confirmation, Order Avoiding Liens, and Order Allowing Attorney Fees, and the Clerk forwards a copy to Debtor's attorney and the chapter 13 Trustee. The Debtor's attorney must monitor this process, and should send a copy of the Order allowing fees to the chapter 13 Trustee.

Days 79-119: Orders of Confirmation and Orders Avoiding Liens are final, and Trustee can begin distributions under the plan. Note: Trustee cannot begin paying creditors until Order is final unless there is another Court Order allowing for any kind of distribution.

Days 112-152: Claims bar date occurs. Whenever a creditor files a proof of claim, the chapter 13 Trustee prepares and files an Acknowledgement of Claim within thirty (30) days of her receipt of the Proof of Claim. A copy is sent to the creditor or creditor's attorney.

Days 143-213: Trustee's Motion to Allow Claims is filed with the Clerk of the United States Bankruptcy Court, and a copy is mailed to debtor and debtor's attorney.

At six (6) month intervals, generally in October and March of every year the debtor's chapter 13 plan is open, the chapter 13 Trustee prepares and mails a Trustee's Report of Receipts and Disbursements to the debtor and the debtor's attorney.

Days 1,174-1,214: Debtor completes payments within three (3) years from confirmation, and all creditors have been paid. Note: this assumes that the debtor has never been delinquent in payments, and the claims allowed equal the amounts provided for creditors under the plan.

Days 1,904-1,944: Debtor completes payments within five (5) years from confirmation, and all creditors have been paid. Note: this assumes the debtor has never been delinquent in payments, and the claims allowed equal the amounts provided for under the plan. These numbers are given because chapter 13 plans may run from three (3) to five (5) years.

Within two (2) weeks to thirty (30) days, chapter 13 Trustee's Office audits all account balances, prepares and files a Trustee's Final Report and Accounting, and issues a refund to the debtor at the last address of record. This report shows only those payments made to creditors through the chapter 13 Trustee Office. If there are no objections to the Trustee's Final Report and Accounting, Trustee prepares and files a Report of Completion of Payments with the Clerk of the Bankruptcy Court.

Within ten (10) to fifteen (15) days, the Clerk of the Bankruptcy Court prepares and sends a copy of the Discharge Order to the debtor, the debtor's attorney, and the chapter 13 Trustee.

On the eleventh (11th) through sixteenth (16th) days, or as soon as the chapter 13 Trustee receives a copy of the Discharge Order, the Trustee's Office staff prepares and files an Order Discharging the Chapter 13 Trustee and Closing the Case with the Clerk of the U.S. Bankruptcy Court.

Within a short time, the Clerk send the chapter 13 Trustee a signed copy of the Order Discharging the Chapter 13 Trustee and Closing the Case.

 

Notice: This web site is provided with the understanding that the Chapter 13 Trustee Office is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent person should be sought.