When Is My Chapter 13 Payment Due?

25 May When Is My Chapter 13 Payment Due?

Soon after you file a Chapter 13 bankruptcy petition, you will need to make payments to the assigned trustee in order to fulfill your obligation under the plan.  Payments often start even before a plan is confirmed.

So, when do you have to make the first one?  My colleague, Däna Wilkinson, is writing an excellent series on the Mechanics of a Chapter 13 Plan.  In part 2, she indicates that in South Carolina, where she practices, the first plan payment is due thirty days after the filing of the Chapter 13 petition.   That’s not true everywhere.

In the Eastern District of California, where I practice, the plan payment is due on the 25th day of the month after the petition is filed.  Thus, if you file on May 31, your first payment will be due on June 25th.  But, if you wait a day, and file on June 1, your first payment won’t be due until July 25th!  Although you will ultimately have to make the same number of payments, that extra month can be a huge relief from creditors and bills!

Each subsequent payment is due on the 25th of the month, also.

Your district may be the same as Däna’s or mine.  It’s always best to check with competent counsel in your area.

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Douglas Jacobs is a California bankruptcy attorney and partner in the Chico law firm of Jacobs, Anderson, Potter & Chaplin. Since 1988, Mr. Jacobs has taught Constitutional law and Debtor-Creditor/Bankruptcy law at the Cal Northern School of Law. He has served as Dean of Students since 1994. He is a frequent lecturer on the subject of consumer bankruptcy law, and has spoken at both state and national levels.

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