When Is My First Chapter 13 Plan Payment Due?

In a Chapter 13 bankruptcy the debtor proposes a Plan where he makes monthly payments of the arrearages (past due debt) to the Chapter 13 trustee.

Because money is already tight, the question I hear most often from clients  is when will the first Chapter 13 Plan payment due?

The general rule is found in the Bankruptcy Code, 11 U.S.C. § 1326(a)(1) which states that the first plan payment is due within 30 days of the filing of the bankruptcy petition, unless otherwise ordered by the bankruptcy court.

The “…unless otherwise ordered…” language is important, as Bankruptcy Law Network contributor and California Bankruptcy Attorney Doug Jacobs points out in his article on the timing of Chapter 13 bankruptcy plan payments.  Some courts order shorter time periods for making payments and some require all debtors to make payments on the same day.

Since the rule about payment is ultimately up to the court where your bankruptcy is filed, it is best to consult with your attorney about when the Chapter 13 Plan payments are due.

Related posts:

1. Where Do I Mail My Chapter 13 Plan Payments? The Trustee is S. J. Beaulieu, Jr.
2. Are Chapter 13 Debt Limits Too Low?

Tagged as: *Chapter 13 Bankruptcy, Bankruptcy Code, Chapter 13 Plan, Chapter 13 trustee, debtor, payment