What are my specific obligations for making payments under a Chapter 13 repayment plan in California?
Under a Chapter 13 plan in California, your primary obligation is to make a single, consistent monthly payment to a court-appointed trustee for a period of three to five years. These payments are then distributed by the trustee to your creditors according to your court-approved repayment plan.
Here are the specific steps for meeting your payment obligations:
Step 1: Begin Payments Immediately
You must make your first plan payment to the Chapter 13 Trustee within 30 days of filing your bankruptcy petition. This is required even if the court has not yet held the confirmation hearing to approve your plan.
Step 2: Identify Your Trustee and Payment Method
Your case will be assigned to a specific Chapter 13 Trustee for your judicial district in California (e.g., Southern, Central, Eastern, or Northern District). Your attorney will provide you with the trustee's name and address. Payments are typically made through a wage withholding order issued to your employer, but if you are self-employed or a wage order is not in place, you must mail payments directly or use the trustee's approved online payment system.
Step 3: Make All Payments to the Trustee
You will send one consolidated monthly payment directly to the trustee, not to your individual creditors. The trustee is responsible for distributing the funds according to your plan's terms. The only exception is for certain "direct" payments, such as an ongoing mortgage, which your plan may require you to continue paying to the lender yourself.
Step 4: Fulfill the Entire Plan Term
You are legally obligated to make every payment on time for the full length of your plan, which is either 36 or 60 months. Consistency is critical to successfully completing your Chapter 13 and receiving a discharge of your remaining eligible debts.
Important details and nuances:
Your payment amount is calculated based on your disposable income and the types of debt you have. While California exemptions, like the homestead exemption (CCP 704.710-704.850), protect your property from being sold, your income is used to fund the repayment plan. Car loans, governed by laws like the Rees-Levering Act, are typically included and paid through the plan.
Warnings and limitations:
Missing payments can cause the trustee to file a motion to dismiss your case. If your case is dismissed, you lose bankruptcy protection, and creditors can resume collection actions. You must also report any significant changes in your income or employment to the trustee and your attorney, as it may require modifying your plan payment.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to understand the specific requirements of your case.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Bankruptcy & Debt
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