What Chapter 13 does
Chapter 13 of the Bankruptcy Code (11 U.S.C. §§ 1301–1330) provides individual debtors with regular income an opportunity to repay creditors over a 3- to 5-year plan from projected disposable income. Eligibility is limited by the debt ceilings in 11 U.S.C. § 109(e), adjusted every three years under 11 U.S.C. § 104.
A successful Chapter 13 ends in discharge under 11 U.S.C. § 1328 after completion of plan payments and the post-filing financial-management course. Chapter 13 can also stop a foreclosure, cure a mortgage arrearage, and strip wholly underwater junior liens (in appropriate cases).
Standing trustee
Unlike Chapter 7, which uses a panel rotating case-by-case, Chapter 13 uses one or more standing trustees appointed by the Attorney General under 28 U.S.C. § 586(b). The standing trustee receives all plan payments and disburses to creditors over the life of the plan. Standing trustees are public officials, not panel members.
Locating the W.D. Mo. Chapter 13 standing trustee(s)
The U.S. Trustee Program publishes the current list at justice.gov — List of Chapter 13 Trustees. The trustee's assignment for a particular case appears on the docket entry following case opening.
Plan submission — Official Form 113
Under W.D. Mo. LBR 3015, the District uses the national Official Form 113 for Chapter 13 plans. The plan must be filed within 14 days after the petition (Fed. R. Bankr. P. 3015(b)).
- The plan states monthly payment amount, plan term (typically 36 or 60 months under 11 U.S.C. § 1325(b)(4)), and treatment of secured, priority, and general unsecured creditors.
- Modifications before confirmation are governed by Fed. R. Bankr. P. 3015(d) and 11 U.S.C. § 1323; post-confirmation modifications are governed by 11 U.S.C. § 1329.
Payment mechanisms
Plan payments must begin within 30 days of filing (11 U.S.C. § 1326(a)(1)). Standing trustees in Region 13 commonly accept payments through:
- Wage order — the court orders the debtor's employer to deduct the plan payment and remit it to the trustee, authorized by 11 U.S.C. § 1325(c).
- TFS Bill Pay — an ACH electronic-payment service used by many Chapter 13 trustees nationwide; available at tfsbillpay.com.
- Money order or cashier's check mailed to the trustee's payment-processing address listed on the trustee's website.
Personal checks and cash are typically not accepted.
Confirmation hearing
Confirmation is the formal court approval of the plan under 11 U.S.C. § 1325. The 341 meeting is held by the standing trustee, with the confirmation hearing typically scheduled to follow. Practice in W.D. Mo. uses a docket-call format with bench rulings on uncontested confirmations and contested matters trailed for evidentiary hearing if needed. Confirmation requires that the plan satisfy each requirement in § 1325(a) (good faith, feasibility, best-interests test, etc.) and, if there is a creditor or trustee objection, the disposable-income test in § 1325(b).
Discharge timing
Discharge is entered after completion of all plan payments and the post-filing financial-management course (11 U.S.C. § 1328(g)). Most discharges occur 3 to 5 years after filing, depending on plan term. Categories of debt that survive a Chapter 13 discharge are listed in 11 U.S.C. § 1328(a).
Other reference pages on this site
Filing · Local rules · Forms · Chapter 7 · Chapter 11 / Sub V · Exemptions · Means test · Credit counseling · Pro se · Judges · Trustees