Who writes the Chapter 13 plan?

The debtor. 11 U.S.C. § 1321 states plainly that the debtor shall file a plan, and the legislative history notes Chapter 13 contemplates a plan filed only by the debtor. In practice a bankruptcy attorney drafts it on the district's required form. Creditors and the trustee do not draft it, though they can object to it and can request modification after confirmation.

How long does a Chapter 13 plan last?

Courts commonly describe plans running three to five years. The plan is generally for three years if the debtor's current monthly income is below the applicable state median, unless the court approves a longer period for cause, and generally five years if income is above it (U.S. Bankr. Ct. S.D. Ala., Chapter 13). Under 11 U.S.C. § 1325(b)(4), the applicable commitment period ends earlier if the plan pays all allowed unsecured claims in full.

What does it cost to file a Chapter 13 case?

Two separate charges apply at filing. The Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)), and a $78 administrative fee is collected as well (Bankruptcy Court Miscellaneous Fee Schedule, Item 8, effective December 1, 2023). The statute permits an individual to pay in installments on court approval. Attorney fees are separate and are often paid through the plan itself.

Can the plan change after it is confirmed?

Yes. Under 11 U.S.C. § 1329(a), at any time after confirmation but before payments are completed, the debtor, the trustee, or the holder of an allowed unsecured claim may request a modification to increase or reduce payments on a class of claims, or extend or reduce the time for those payments. The modified plan becomes the plan unless it is disapproved after notice and a hearing.

Glossary

Chapter 13 Plan

A Chapter 13 plan is the document a debtor files proposing how much of their debt will be repaid, to whom, and over what period — usually three to five years. The debtor must file it (11 U.S.C. § 1321), and the court confirms it only if the requirements of 11 U.S.C. § 1325 are met. Payments go to the Chapter 13 trustee, who distributes them to creditors.

Key points

The plan is a proposal by the debtor, not an order — it takes effect only when the court confirms it under 11 U.S.C. § 1325.
Debtors must use Official Form 113 unless the district has adopted its own local plan form (Fed. R. Bankr. P. 3015(c)).
The plan directs future earnings to the trustee's supervision and control, and the trustee distributes to creditors (11 U.S.C. § 1322(a)(1)).
The confirmation hearing is generally held 20 to 45 days after the meeting of creditors (11 U.S.C. § 1324(b)).
A confirmed plan can be modified before payments are completed on request of the debtor, the trustee, or an unsecured creditor (11 U.S.C. § 1329(a)).

If you have seen the phrase "Chapter 13 plan" on a court notice or in a lawyer's paperwork, it refers to a specific filed document, not a general strategy. It sets out what you propose to pay and how. Here is what the term means and what happens to the document after it is filed.

What does a Chapter 13 plan actually contain?

The plan states how much the debtor will pay, over what period, and how those payments are divided among creditors. Under 11 U.S.C. § 1322(a), the plan must commit enough of the debtor's future earnings or income to the trustee's supervision and control to carry it out, must provide for full payment of priority claims in deferred cash payments unless the claim holder agrees otherwise, and must treat every claim in a class the same way. Section 1322(b) lists what a plan may do — cure a default, modify the rights of most secured claim holders, and provide for assumption or rejection of leases and executory contracts. Claims secured only by a security interest in the debtor's principal residence are excluded from that modification power. Form matters too: Fed. R. Bankr. P. 3015(c) requires Official Form 113 unless the district has adopted a local form, and a nonstandard provision is effective only if placed in the form's designated section.

Why does the plan matter in the case?

The plan is the engine of a Chapter 13 case. Nothing is repaid, cured, or discharged along the way it describes until the court confirms it. Under 11 U.S.C. § 1325(a), confirmation turns on a list of findings — the plan complies with the Code, was proposed in good faith, gives unsecured creditors at least what they would receive in a Chapter 7 liquidation, handles each allowed secured claim in one of the permitted ways, and the debtor will be able to make the payments. A party in interest may object, and the court holds a hearing on confirmation (11 U.S.C. § 1324(a)). Because the plan is where a mortgage arrearage gets cured over time, it is also the mechanism courts describe when explaining how Chapter 13 lets a debtor address a home foreclosure (U.S. Bankr. Ct. S.D. Ala., Chapter 13).

How does the plan work in practice?

The debtor files the plan with the petition or within 14 days after it (Fed. R. Bankr. P. 3015(b)(1)), then begins making fixed payments to the trustee on a regular schedule, usually biweekly or monthly. The trustee evaluates the case and acts as disbursing agent, collecting payments and distributing them to creditors on the plan's terms (U.S. Bankr. Ct. S.D. Ala., Chapter 13). The confirmation hearing is generally held not earlier than 20 days and not later than 45 days after the § 341(a) meeting of creditors (11 U.S.C. § 1324(b)). Plan length commonly runs three to five years, and the applicable commitment period under 11 U.S.C. § 1325(b)(4) ends earlier if the plan pays all allowed unsecured claims in full. After confirmation but before payments are completed, the debtor, the trustee, or a holder of an allowed unsecured claim may request a modification (11 U.S.C. § 1329(a)).

What do people get wrong about it?

The most common error is treating "plan" as a generic word. Chapter 13 plan requirements come from 11 U.S.C. §§ 1321, 1322, 1324, 1325 and 1329, which govern Chapter 13 only. Chapter 12 has its own parallel provisions (§§ 1222, 1225), and subchapter V of Chapter 11 has another (§ 1191). A rule you read about one chapter may not apply to yours. Two more points get missed. Filing the plan does not confirm it — objection and a hearing come first, and courts describe plans being denied as well as confirmed (Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney). And the plan's terms are shaped by state exemption law and by local plan forms and rules, which differ by district. Your state page and your court's page are where those specifics live.

Frequently asked questions

Who writes the Chapter 13 plan?: The debtor. 11 U.S.C. § 1321 states plainly that the debtor shall file a plan, and the legislative history notes Chapter 13 contemplates a plan filed only by the debtor. In practice a bankruptcy attorney drafts it on the district's required form. Creditors and the trustee do not draft it, though they can object to it and can request modification after confirmation.
How long does a Chapter 13 plan last?: Courts commonly describe plans running three to five years. The plan is generally for three years if the debtor's current monthly income is below the applicable state median, unless the court approves a longer period for cause, and generally five years if income is above it (U.S. Bankr. Ct. S.D. Ala., Chapter 13). Under 11 U.S.C. § 1325(b)(4), the applicable commitment period ends earlier if the plan pays all allowed unsecured claims in full.
What does it cost to file a Chapter 13 case?: Two separate charges apply at filing. The Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)), and a $78 administrative fee is collected as well (Bankruptcy Court Miscellaneous Fee Schedule, Item 8, effective December 1, 2023). The statute permits an individual to pay in installments on court approval. Attorney fees are separate and are often paid through the plan itself.
Can the plan change after it is confirmed?: Yes. Under 11 U.S.C. § 1329(a), at any time after confirmation but before payments are completed, the debtor, the trustee, or the holder of an allowed unsecured claim may request a modification to increase or reduce payments on a class of claims, or extend or reduce the time for those payments. The modified plan becomes the plan unless it is disapproved after notice and a hearing.

Sources

11 U.S.C. § 1321 — Filing of plan
11 U.S.C. § 1322 — Contents of plan · official source
11 U.S.C. § 1324 — Confirmation hearing · official source
11 U.S.C. § 1325 — Confirmation of plan · official source
11 U.S.C. § 1329 — Modification of plan after confirmation · official source
11 U.S.C. § 1222 — Contents of plan (chapter 12)
11 U.S.C. § 1225 — Confirmation of plan (chapter 12)
11 U.S.C. § 1191 — Confirmation of plan (subchapter V)
Fed. R. Bankr. P. 3015 — Chapter 12 or 13 — Time to File a Plan; Nonstandard Provisions; Objection to Confirmation · official source
U.S. Bankr. Ct. S.D. Ala., Chapter 13
Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney
28 U.S.C. § 1930(a)(1)(B) · official source
Bankruptcy Court Miscellaneous Fee Schedule, Item 8

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified July 28, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.