How long does a chapter 13 plan last?

Court guidance describes a typical chapter 13 plan as running three to five years (Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney). The exact commitment period in a given case is set by the Code and the confirmed plan, not chosen freely. The dedicated guide on whether a plan runs three years or five covers what drives that difference.

When is the discharge granted in chapter 13?

In chapter 13 the discharge comes at the end, not the beginning. Court materials describe the sequence as completing all payments called for by the plan, filing a certificate showing completion of a financial management course, and then the court entering an order discharging certain debts (U.S. Bankr. Ct. M.D. Ala., Anatomy of a Bankruptcy Chapter 13). Not every debt is discharged; section 523 excepts several categories.

Can a business file chapter 13?

No. Court guidance states that chapter 13 is designed for individual debtors, that a person operating a small business as a sole proprietor may file under the chapter, and that a corporation or partnership may not be a chapter 13 debtor (Bankr. W.D. Ky. official guidance — Chapter 13 Filing Requirements). Who may be a debtor under each chapter is governed by 11 U.S.C. § 109.

Does chapter 13 protect someone who co-signed my loan?

Chapter 13 includes a co-debtor stay. After the order for relief, a creditor generally may not act or continue a civil action to collect a consumer debt of the debtor from an individual liable on that debt with the debtor, subject to exceptions (11 U.S.C. § 1301). A creditor can ask the court for relief from that stay on the grounds the statute lists.

Can a chapter 13 plan change my mortgage?

The Code lets a plan modify the rights of holders of secured claims, but expressly not a claim secured only by a security interest in real property that is the debtor's principal residence (11 U.S.C. § 1322(b)(2)). A plan may still provide for curing a default and maintaining payments while the case is pending on debts whose last payment falls due after the plan ends.

What happens if the court does not confirm my plan?

Confirmation is a hearing with a real possibility of denial. One court's flowchart states that if the plan is denied, the filer has a limited period to file a new plan, seek reconsideration or appeal, or dismiss or convert the case (Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney). The trustee is entitled to appear and be heard on confirmation (11 U.S.C. § 1302).

Guides

Chapter 13 Bankruptcy: How the Repayment Chapter Works

Chapter 13 is the repayment chapter of consumer bankruptcy. Rather than liquidating property, an individual proposes a court-supervised repayment plan administered by a trustee, which court guidance says typically runs three to five years. Filing generally triggers the automatic stay, which commonly halts collection activity. This hub explains how the chapter is organised; the detailed rules live on the guides below.

Key points

Chapter 13 is built around a repayment plan under court supervision, not the sale of your property.
Only individuals can be chapter 13 debtors; a corporation or partnership cannot file under this chapter.
A standing trustee receives the plan payments and appears at confirmation and modification hearings (11 U.S.C. § 1302).
Court guidance describes a typical chapter 13 plan as running three to five years, with discharge coming only after the plan payments are completed.
The statutory filing fee for a chapter 13 case is $235, plus a $78 administrative fee.

If you are looking at chapter 13, you are probably trying to hold on to something specific: a house, a car, a licence, a paycheque that is already being garnished. Chapter 13 is the part of the Bankruptcy Code organised around paying creditors over time under court supervision instead of surrendering property. This page explains how the chapter is put together and points you to the guide that answers your particular question.

What does chapter 13 actually cover?

Chapter 13 is the part of the Bankruptcy Code built around repayment rather than liquidation. One bankruptcy court describes it as a way for financially distressed individual debtors to propose and carry out a repayment plan under court supervision and protection (Bankr. W.D. Ky. official guidance — Chapter 13 Filing Requirements). It is a chapter for individuals: that same guidance states that a corporation or partnership may not be a chapter 13 debtor, and who may be a debtor at all is governed by 11 U.S.C. § 109. A trustee administers the case, receives the plan payments, ensures the debtor starts paying on time, and appears at hearings concerning confirmation and post-confirmation modification (11 U.S.C. § 1302). Chapter 13 applies only in a case under that chapter, while the Code's general provisions in chapters 1, 3 and 5 apply alongside it (11 U.S.C. § 103). Everything on this hub sits inside that frame.

How do you know which of these guides applies to you?

Start from what you are trying to do, not from the statute number. If you have not filed yet and want the shape of the whole process, read the guide on how chapter 13 works and the one on what a plan contains. If you have a filing date and a plan on file, the confirmation hearing, trustee objection and creditor objection guides are the relevant ones. If a payment has already been missed, the guides on missing a payment, modifying a confirmed plan and suspending payments cover what the court can be asked to do. If you filed under a different chapter, conversion is its own topic. Court materials also set out documents that must be produced before the meeting of creditors, including tax returns (Bankr. S.D. Ill. official guidance — Chapter 13 Case Success Requirements). Nothing here decides your situation; it tells you where the answer lives.

What do all chapter 13 cases have in common?

Every chapter 13 case runs on the same skeleton, however different the facts. Court guidance describes the sequence: complete an approved credit counseling course before filing, file the petition and pay the filing fee, file the schedules, statements and the chapter 13 plan, provide required documents to the trustee before the meeting of creditors, attend the meeting of creditors, begin making plan payments to the trustee, and attend a confirmation hearing at which the plan is confirmed or denied (Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney). After the plan payments are completed, a financial management course certificate is filed and the court can enter a discharge (U.S. Bankr. Ct. M.D. Ala., Anatomy of a Bankruptcy Chapter 13). Filing also engages the automatic stay, which one court explains commonly prevents lawsuits, wage garnishments and collection calls while it remains in effect (Bankr. D. Md. official page — Legal Overview).

Where do chapter 13 cases differ most?

The differences cluster around the plan itself, which is why most of the child guides are about it. The Code says a plan must submit future income to the trustee's supervision, must provide for full payment in deferred cash payments of claims entitled to priority under section 507 unless that creditor agrees otherwise, and must treat claims within a class the same way (11 U.S.C. § 1322(a)). What a plan may do varies far more: it can modify the rights of holders of secured claims, but not a claim secured only by a security interest in real property that is the debtor's principal residence; it can cure or waive defaults; it can maintain payments on long-term debts while the case is pending (11 U.S.C. § 1322(b)). Chapter 13 also carries a co-debtor stay that limits collection from an individual liable with you on a consumer debt (11 U.S.C. § 1301).

Plan length: court guidance describes a typical plan as running three to five years.
What must be paid in full: priority claims under section 507, unless that creditor agrees to different treatment (11 U.S.C. § 1322(a)(2)).
Secured debt treatment, including the limit on modifying a claim secured only by your principal residence (11 U.S.C. § 1322(b)(2)).
Who is protected: chapter 13 adds a co-debtor stay that chapter 7 does not (11 U.S.C. § 1301).

Where should you start?

If you do not yet know which chapter is the realistic comparison for your situation, start with the roadmap, which walks through your income, property, debts and any deadline you are facing and shows what follows from each answer. If your immediate problem is a garnishment or a foreclosure date, the tools page has screeners that work through the numbers rather than guessing at them. If you already know you are looking at chapter 13, read the guide on how chapter 13 works, then the guide on what a plan contains, in that order. Local practice matters more here than in most areas of federal law, so identify your bankruptcy court early; districts publish their own filing checklists, model plans and procedures manuals (Bankr. S.D. Ill. official page — Chapter 13 Procedures Manual). A bankruptcy attorney admitted in your district is the person who can apply any of this to your facts.

What does it cost to file a chapter 13 case?

The court fees are set nationally, so they do not change from district to district. Filing a chapter 13 case carries a statutory fee of $235 (28 U.S.C. § 1930(a)(1)(B)), plus an administrative fee of $78 (Bankruptcy Court Miscellaneous Fee Schedule, Item 8). The chapter 7 figures are different: $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), an administrative fee of $78 (Bankruptcy Court Miscellaneous Fee Schedule, Item 8), and a trustee surcharge of $15 (Bankruptcy Court Miscellaneous Fee Schedule, Item 9). Courts commonly allow the fee to be paid in installments on application; several districts publish installment forms and instructions alongside their filing checklists (Bankr. W.D. Ky. official guidance — Chapter 13 Filing Requirements). Attorney fees are separate from court fees and are not set by statute, and we do not publish a verified figure for them.

Court fees set by statute and the Judiciary fee schedule
Fee	Chapter 13	Chapter 7
Statutory filing fee	$235	$245
Administrative fee	$78	$78
Trustee surcharge	Not listed for chapter 13	$15

Does chapter 13 change depending on which state you live in?

The chapter itself is federal, and the rules described on this hub apply the same way everywhere: the plan requirements in 11 U.S.C. § 1322, the trustee's duties in 11 U.S.C. § 1302, and the co-debtor stay in 11 U.S.C. § 1301 do not vary by state. Two things do. First, exemptions, which decide what property you can protect, are largely a matter of state law, and those figures live on the state pages rather than here. Second, local practice differs: districts publish their own model plans, filing checklists and procedures, and set their own hearing schedules (Bankr. S.D. Ill. official page — Chapter 13 Plan). Which court and division your case belongs in follows from the county you live in. Use the court finder to identify yours before relying on any procedural detail you read online.

Frequently asked questions

How long does a chapter 13 plan last?: Court guidance describes a typical chapter 13 plan as running three to five years (Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney). The exact commitment period in a given case is set by the Code and the confirmed plan, not chosen freely. The dedicated guide on whether a plan runs three years or five covers what drives that difference.
When is the discharge granted in chapter 13?: In chapter 13 the discharge comes at the end, not the beginning. Court materials describe the sequence as completing all payments called for by the plan, filing a certificate showing completion of a financial management course, and then the court entering an order discharging certain debts (U.S. Bankr. Ct. M.D. Ala., Anatomy of a Bankruptcy Chapter 13). Not every debt is discharged; section 523 excepts several categories.
Can a business file chapter 13?: No. Court guidance states that chapter 13 is designed for individual debtors, that a person operating a small business as a sole proprietor may file under the chapter, and that a corporation or partnership may not be a chapter 13 debtor (Bankr. W.D. Ky. official guidance — Chapter 13 Filing Requirements). Who may be a debtor under each chapter is governed by 11 U.S.C. § 109.
Does chapter 13 protect someone who co-signed my loan?: Chapter 13 includes a co-debtor stay. After the order for relief, a creditor generally may not act or continue a civil action to collect a consumer debt of the debtor from an individual liable on that debt with the debtor, subject to exceptions (11 U.S.C. § 1301). A creditor can ask the court for relief from that stay on the grounds the statute lists.
Can a chapter 13 plan change my mortgage?: The Code lets a plan modify the rights of holders of secured claims, but expressly not a claim secured only by a security interest in real property that is the debtor's principal residence (11 U.S.C. § 1322(b)(2)). A plan may still provide for curing a default and maintaining payments while the case is pending on debts whose last payment falls due after the plan ends.
What happens if the court does not confirm my plan?: Confirmation is a hearing with a real possibility of denial. One court's flowchart states that if the plan is denied, the filer has a limited period to file a new plan, seek reconsideration or appeal, or dismiss or convert the case (Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney). The trustee is entitled to appear and be heard on confirmation (11 U.S.C. § 1302).

Sources

11 U.S.C. § 1322 — Contents of plan · official source
11 U.S.C. § 1302 — Trustee · official source
11 U.S.C. § 1301 — Stay of action against codebtor · official source
11 U.S.C. § 103 — Applicability of chapters
11 U.S.C. § 109 — Who may be a debtor · official source
11 U.S.C. § 523 — Exceptions to discharge · official source
28 U.S.C. § 1930(a)(1)(B) — Chapter 13 filing fee
28 U.S.C. § 1930(a)(1)(A), (f)(1) — Chapter 7 filing fee
Bankruptcy Court Miscellaneous Fee Schedule, Item 8 — Administrative fee
Bankruptcy Court Miscellaneous Fee Schedule, Item 9 — Chapter 7 trustee surcharge
Bankr. D. Minn. official guidance — Chapter 13 Process for Debtors without an Attorney
U.S. Bankr. Ct. M.D. Ala., Anatomy of a Bankruptcy Chapter 13
Bankr. W.D. Ky. official guidance — Chapter 13 Filing Requirements
Bankr. D. Md. official page — Legal Overview
Bankr. S.D. Ill. official guidance — Chapter 13 Case Success Requirements
Bankr. S.D. Ill. official page — Chapter 13 Procedures Manual
Bankr. S.D. Ill. official page — Chapter 13 Plan

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

Sources verified July 27, 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.

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