When Is My First Chapter 13 Plan Payment Due?

by Kevin Gipson, New Orleans Bankruptcy Attorney

October 14, 2009

Bankrputcy.Computer Key

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. Sec.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.

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I've been a consumer bankruptcy lawyer for nearly 25 years. Since that time I have helped many people resolve their financial problems. I have been practicing law since 1986 and I am licensed to practice in all state and federal courts in the State of Louisiana. Because I am a sole practitioner, you know that your debt matters are being handled by me personally. In addition to my work with consumers, I am also frequently asked to speak at local seminars on bankruptcy law. I am member of the following organizations: • Louisiana Bar Association • National Association of Consumer Bankruptcy Attorneys • Bankruptcy Law Network My office is located at: 3920 General DeGaulle Drive, New Orleans, LA 70114 Telephone: (504) 368-4101

Last modified: February 24, 2013