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Chapter 13

Chapter 13 Plan Forms and Local Plan Requirements

A Chapter 13 case requires the debtor to file a plan, and the form is set by your district. Under Fed. R. Bankr. P. 3015.1, a district may require a single local plan form instead of Official Form 113 if the local form meets specific formatting and disclosure requirements. Many districts have done exactly that, so the correct form depends on where you file.

Key points

  • 11 U.S.C. § 1321 puts the duty to file a plan on the debtor, not the trustee or the court.
  • Fed. R. Bankr. P. 3015.1 lets a district require one local plan form in place of Official Form 113, subject to listed conditions.
  • Local rules commonly say the local form must be used without alteration, with nonstandard terms confined to a designated section.
  • 11 U.S.C. § 1322 sets what a plan must contain and what it may contain, and the local form is built around those requirements.
  • Several districts require plan attachments or extra content beyond section 1322, such as a liquidation analysis or interest rates for each secured claim.

If you are looking at Chapter 13, one document decides how the next three to five years of your financial life are structured: the plan. It is the filing that tells the court and your creditors what you propose to pay, to whom, and over what period. This page explains which plan form applies to you, what federal law requires the plan to say, and where districts add their own rules.

How does the Chapter 13 plan form requirement actually work?

The starting point is short. 11 U.S.C. § 1321 states in full that "[t]he debtor shall file a plan." Only the debtor may propose one in a Chapter 13 case. The form that plan takes is then governed by rule rather than statute. Fed. R. Bankr. P. 3015.1 creates an exception to the usual limit on local rules, allowing a district to require that a single local form be used for a Chapter 13 plan instead of Form 113. So there are two possibilities in any district: the national Official Form 113, or one local plan form that the district adopted under Rule 3015.1. There is never a menu of local forms to choose from. The rule permits only one local form per district, and the committee note explains that a local form failing to comply with the rule may not be used in place of the Official Chapter 13 Plan Form.

What changes which form you have to use?

Geography, essentially. The plan form follows the federal judicial district where the case is filed, and districts made different choices when Rule 3015.1 took effect. The District of Massachusetts states plainly that it "did not adopt the national plan (Official Form 113) and instead adopted its own local Chapter 13 plan form (Official Local Form 3)." The Central District of Illinois adopted a local plan form and describes its use as mandatory in all cases from December 1, 2017. The Northern District of California points filers to a general order that "identifies the form of Chapter 13 plan that must be used in this district, in accordance with the requirements of Federal Rule of Bankruptcy Procedure 3015.1." Nothing about your income, debts, or property changes which form applies. Those facts change what goes inside the form.

  • The district where the case is filed determines the plan form.
  • A district that adopted a local form under Rule 3015.1 requires that form rather than Form 113.
  • Some districts identify the required plan form by general order or standing order rather than in the rule text itself.
  • Amended and modified plans generally use the same form as the original, labeled to show they are amended.

What does federal law say a Chapter 13 plan must contain?

11 U.S.C. § 1322(a) sets the mandatory contents. The plan shall provide for submission of enough of the debtor's future earnings or other future income to the trustee's supervision and control to carry out the plan. It shall provide for full payment, in deferred cash payments, of all claims entitled to priority under section 507, unless the holder of a particular claim agrees to different treatment. If the plan classifies claims, it shall provide the same treatment for each claim within a class. Section 1322(b) then lists what a plan may do, including curing or waiving a default, modifying the rights of holders of secured claims other than a claim secured only by a security interest in the debtor's principal residence, and providing for assumption, rejection, or assignment of an executory contract or unexpired lease under section 365. Confirmation standards are separate and live in 11 U.S.C. § 1325.

What does Rule 3015.1 require a local plan form to include?

Rule 3015.1 does not leave local forms to district taste. A local form qualifies only if it is adopted after public notice and an opportunity for comment, and if it numbers and labels each paragraph in boldface type with a heading stating its general subject matter. It must include an opening paragraph where the debtor indicates whether the plan contains a nonstandard provision, limits the amount of a secured claim based on a valuation of the collateral, or avoids a security interest or lien. It must contain separate paragraphs on curing default and maintaining payments on a claim secured by the debtor's principal residence, paying a domestic support obligation, paying a claim described in the final paragraph of section 1325(a), and surrendering property securing a claim with a request that the stay under section 362(a) or 1301(a) be terminated.

Required features of a local Chapter 13 plan form under Fed. R. Bankr. P. 3015.1
RequirementWhat it means on the form
Adoption processAdopted for the district after public notice and an opportunity for comment
Paragraph formattingEach paragraph numbered and labeled in boldface with a subject-matter heading
Opening disclosuresDebtor indicates nonstandard provisions, secured-claim valuation, and lien avoidance
Separate paragraphsMortgage cure and maintenance, domestic support obligations, § 1325(a) final-paragraph claims, surrender plus stay termination
Final paragraphSpace for nonstandard provisions, a warning that nonstandard provisions placed elsewhere are void, and a certification

Where do local rules differ from district to district?

This is where the real variation sits, and it goes well beyond which form to use. The Southern District of Alabama states that use of the applicable local plan form is required in Chapter 13 cases. The Middle District of North Carolina requires Local Form 1302 "without alteration." The Middle District of Alabama warns that individual modifications to its Local Form 6 "will result in a nonconforming plan and will not be confirmed." The Eastern District of Michigan requires plan contents in addition to section 1322, including a statement of the value of each item of encumbered property, the interest rate for each secured claim "articulated as a number and not in formula fashion," and attachments including a liquidation analysis. The Middle District of Louisiana lists sixteen additional required items. State law rarely drives this; the district's own rules and standing orders do.

  • Content add-ons: Michigan Eastern and Louisiana Middle require detail beyond § 1322.
  • Alteration limits: several districts void deviations placed outside the designated special-provisions section.
  • Service duties: Rhode Island requires service on the trustee, all creditors, and interested parties within 24 hours of filing.
  • Amended plans: Central Illinois requires the debtor, not the clerk, to serve amended plans and file a certificate of service.

What does completing a plan look like in practice?

In most districts the plan is filed at or near the petition, then served, then tested at a confirmation hearing. The Middle District of Georgia directs that the initial plan be filed with the petition whenever possible. Minnesota explains that if the plan is filed with the petition or before the section 341 meeting notice is docketed, the clerk arranges noticing to parties on the matrix; if it is filed later, the debtor must serve it. Under 11 U.S.C. § 1324, a party in interest may object to confirmation, and the confirmation hearing may be held not earlier than 20 days and not later than 45 days after the section 341 meeting date, unless the court finds an earlier date is in the best interests of creditors and the estate and no one objects. Districts using checkbox-style forms also expect the correct boxes checked when the plan is docketed.

What documents and information go with a Chapter 13 plan?

The plan does not travel alone. District filing checklists commonly list the voluntary petition (Official Form 101), Schedules A/B through J with the summary and declaration, the Statement of Financial Affairs (Official Form 107), the statement of Social Security number (Official Form 121), a creditor list or matrix, a credit counseling certificate, and Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Official Form 122C-1), with Form 122C-2 where income exceeds the applicable median. 11 U.S.C. § 521 also requires copies of payment advices received within 60 days before filing. The Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)), plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8). Some districts add local attachments to the plan itself.

  • Petition, schedules, statement of financial affairs, and creditor matrix
  • Form 122C-1, and Form 122C-2 where the debtor's income is above the applicable median
  • Credit counseling certificate and Social Security number statement
  • Payment advices or other evidence of payment from the 60 days before filing (11 U.S.C. § 521)
  • Any local plan attachment, such as a liquidation analysis or worksheet

What should you ask a bankruptcy lawyer about your plan?

Plan drafting is where Chapter 13 cases are won or lost, and the questions worth asking are specific rather than general. Ask which plan form your district requires and whether it was adopted under Rule 3015.1. Ask what your district demands beyond 11 U.S.C. § 1322, since content requirements vary sharply. Ask how nonstandard provisions must be presented, because a provision placed outside the designated paragraph can be void under Rule 3015.1 and under several local rules. Ask how secured claims, arrears, and interest rates will be stated on the form. Ask who serves the plan and any amended plan, and by when. Ask what happens if a creditor or the trustee objects before the confirmation hearing under 11 U.S.C. § 1324. If cost is the obstacle, ask about installment payment of the filing fee.

  • Which plan form applies in my district, and is it mandatory without alteration?
  • What does my district require in the plan beyond 11 U.S.C. § 1322?
  • How and where must any nonstandard provision be stated?
  • Who serves the plan and amended plans, and on what deadline?
  • What objections are most likely in my case, and how would we respond?

Frequently asked questions

Is Official Form 113 always the Chapter 13 plan form?
No. Fed. R. Bankr. P. 3015.1 allows a district to require a single local form for a Chapter 13 plan instead of Form 113, provided the local form satisfies the rule's adoption, formatting, and disclosure conditions. Many districts adopted local forms effective December 1, 2017. Check the local rules and forms page for the district where you would file before completing anything.
Can I add my own terms to a local plan form?
Usually only in the designated place. Rule 3015.1 requires a local form's final paragraph to provide space for nonstandard provisions, with a warning that any nonstandard provision placed elsewhere is void. Local rules echo this: the Middle District of Georgia deems variations outside the special provision section void, and the Middle District of Alabama states that individual modifications produce a nonconforming plan that will not be confirmed.
Who files the Chapter 13 plan, me or the trustee?
The debtor. 11 U.S.C. § 1321 provides that the debtor shall file a plan, and the accompanying Senate report notes that Chapter 13 contemplates the filing of a plan only by the debtor. Some local rules also allow the trustee or holders of certain claims to propose plans in limited circumstances, so the applicable local rule is worth reading alongside the statute.
When does the confirmation hearing happen after I file a plan?
Under 11 U.S.C. § 1324, the hearing may be held not earlier than 20 days and not later than 45 days after the date of the meeting of creditors under section 341(a). The court may set an earlier date if it determines that doing so is in the best interests of creditors and the estate and no one objects to the earlier date. Any party in interest may object to confirmation.
What does it cost to file a Chapter 13 case?
The statutory filing fee for an individual or joint Chapter 13 case is $235 under 28 U.S.C. § 1930(a)(1)(B), plus a $78 administrative fee under the Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The statute permits an individual commencing a voluntary or joint case to pay the filing fee in installments on court approval. District pages often quote the combined amount rather than the two components separately.
Do I have to serve the plan on creditors myself?
It depends on the district and on timing. Minnesota explains that if the plan is filed with the petition or before the section 341 meeting notice is docketed, the clerk arranges noticing; otherwise the debtor serves it. Central Illinois has the clerk serve the original plan but requires the debtor to serve amended plans and file a certificate of service. Rhode Island requires service within 24 hours of filing.
Does my state's law change which plan form I use?
Not directly. The plan form is set by the federal judicial district, not by state law, and districts adopted their forms under Fed. R. Bankr. P. 3015.1. State law does affect the substance of what goes into the plan, particularly exemptions and property rights. Your state hub page covers those state-specific figures, and the court finder identifies the district and division that governs your case.

Sources

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

Sources verified August 1, 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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