Trustees, hearings & case administration
Paying the Chapter 13 Trustee and Wage Deduction Orders
Chapter 13 plan payments generally begin no later than 30 days after the plan is filed or the order for relief, whichever is earlier, in the amount the plan proposes (11 U.S.C. § 1326(a)(1)). The trustee holds those payments until confirmation. Many districts require the money to reach the trustee by payroll deduction under a court-entered wage order.
Key points
- The first plan payment is generally due within 30 days of the plan filing or the order for relief, whichever comes first, and before any confirmation hearing (11 U.S.C. § 1326(a)(1)).
- Payments made before confirmation are retained by the trustee and distributed only if the plan is confirmed (11 U.S.C. § 1326(a)(2)).
- A wage deduction order directs your employer to send the plan payment to the trustee, and several districts require payroll deduction or an electronic payment method as the default.
- Local rules control the form of payment, cash is commonly refused, and every payment typically must carry your name and case number.
- Some districts allow a short moratorium or suspension of payments by motion, but a suspension does not erase the payments.
In Chapter 13 you keep your property and repay through a plan, so the payment itself is the case. Missing the first one can matter more than most people expect, because it is usually due before a judge ever looks at the plan. This page explains when payments start, how the money actually reaches the trustee, and what a wage deduction order does.
How do Chapter 13 plan payments actually work?
Under 11 U.S.C. § 1326(a)(1), the debtor commences making payments not later than 30 days after the date the plan is filed or the order for relief, whichever is earlier, unless the court orders otherwise. The amount is the one proposed by the plan. That timing matters because it lands well before confirmation, so payments start while the plan is still being reviewed and objections are still possible.
The trustee does not immediately hand that money to creditors. A payment made under § 1326(a)(1)(A) is retained by the trustee until confirmation or denial of confirmation. If the plan is confirmed, the trustee distributes it in accordance with the plan as soon as is practicable. If the plan is not confirmed, the trustee returns payments not previously paid and not yet due and owing to creditors, after deducting any unpaid claim allowed under section 503(b).
Timely payment is also the trustee's assigned job: 11 U.S.C. § 1302(b)(5) directs the standing trustee to ensure the debtor commences making timely payments.
What changes the answer in your case?
Several variables move this, and most of them are set by your plan and your district rather than by the Code alone.
The biggest is whether the money moves by payroll deduction or by hand. Some districts make payroll deduction the default funding method, some require an electronic payment method, and some leave it to the trustee. The second variable is what your plan routes through the trustee. Pre-confirmation lease payments under § 1326(a)(1)(B) and adequate protection payments under § 1326(a)(1)(C) can reduce the amount paid to the trustee when they are paid directly, but only if the plan says so.
Other factors include whether the case is joint, whether you have more than one employer, whether your plan payment later changes, and whether your district permits a moratorium. A change in any of these commonly requires an amended or terminated wage order rather than an informal adjustment.
What does federal law say about trustee payments?
The controlling provision is 11 U.S.C. § 1326. Beyond the 30-day start rule, § 1326(a)(3) lets the court, on notice and a hearing, modify, increase, or reduce the payments required pending confirmation. Section 1326(a)(4) requires a debtor keeping leased or purchase-money personal property to give the lessor or secured creditor reasonable evidence of required insurance not later than 60 days after filing, and to keep doing so.
Section 1326(b) sets what comes off the top before or at the time of each payment to creditors: unpaid claims of the kind specified in section 507(a)(2), and the percentage fee fixed for a standing trustee. Section 326(b) caps what a court may allow a Chapter 13 trustee at not more than five percent upon all payments under the plan.
Section 1322(a)(1) requires the plan to submit future earnings to the trustee's supervision and control as needed to execute it, and 11 U.S.C. § 1325(a)(6) makes ability to make all plan payments a confirmation requirement.
Where do local court rules differ on wage orders?
This is where the practical answer is decided. Districts differ on whether payroll deduction is required, how payments must be tendered, and who can request a wage order. Check your own district before assuming any of the following applies to you.
| Local rule | What it provides |
|---|---|
| KYEB LBR 3070-1 | Plan funding is by payroll deduction unless the court orders otherwise or the trustee agrees; the order is tendered with the plan and no motion is needed. |
| N.D. Okla. LBR 3070-1 | Payments start within 30 days of the order for relief, must be by certified or cashier's check, money order, or authorized electronic system, and are made under a wage deduction order unless the trustee agrees otherwise. Cash is not accepted. |
| Vt. LBR 3070-1 | Payments must be by direct wage deduction, TFS bill pay, or a similar electronic method, and a payment order must be in place to be eligible for confirmation unless waived for cause. |
| Bankr. D. Haw. LBR 3070-1 | The debtor may apply for a wage order; the trustee may ask the court to issue one if the debtor fails to make timely payments; the debtor may move to vacate it. |
| S.D. Ind. B-3070-1 | The trustee may request a wage assignment order at any time, and the debtor must submit an amended, new, or terminating order within 14 days of a payment change, employer change, dismissal, or conversion. |
| S.D.W. Va. LBR 3015-1.2 | The debtor pays the trustee directly until the employer starts wage withholding; in a joint case the order goes to the higher-earning spouse's employer absent a contrary request. |
| D. Mass. LBR Appendix 1, Rule 13-19 | Payments must be by certified check, money order, or an authorized electronic system, marked with the case number and debtor name; the court will not approve direct payment from an employer. |
| M.D. Ga. LBR 3070-1 | The court may order any entity paying the debtor income to pay the trustee, and the trustee may grant a moratorium not to exceed 60 days without notice. |
What does this look like in practice month to month?
In a typical case the plan is filed with the petition, the first payment goes to the trustee within the § 1326(a)(1) window, and a wage order is submitted around the same time. Payroll takes a pay period or two to start withholding, so early payments are often made by the debtor directly. S.D.W. Va. LBR 3015-1.2 states that pattern plainly: pay the trustee yourself until the employer begins wage withholding.
After that, the deduction usually arrives on your pay cycle and you see it on your pay stub. Local rules address gaps as well as starts. E.D. Mo. L.R. 3015-6 permits a motion to suspend monthly trustee payments for up to three consecutive months, once in the life of the case, and is explicit that suspended payments are not eliminated: they are added to the end of the plan, and the debtor must cause the employer to stop and restart the deduction.
D. Mass. LBR Appendix 1, Rule 13-19 requires payments to continue until the case is dismissed, converted, or the plan is completed.
What documents and information are involved?
Expect a short, repetitive paperwork set rather than a complicated one.
Confirmation requires that any fee, charge, or amount required to be paid before confirmation has been paid (11 U.S.C. § 1325(a)(2)). A Chapter 13 case carries a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8, effective December 1, 2023). The statute permits an individual commencing a voluntary or joint case to pay the filing fee in installments.
- The plan itself, which states the monthly amount and, in some districts, the payment method.
- A wage order application or proposed order, often on a local form, plus amended or terminating orders when the payment or employer changes.
- Your employer's correct legal name and payroll address, and a separate order for each employer if you have more than one.
- Your full case number and the debtor name exactly as captioned, on every payment instrument or electronic payment.
- Evidence of required insurance on leased or purchase-money personal property you keep, under 11 U.S.C. § 1326(a)(4).
- Proof of claim filings by lessors and secured creditors, which several districts make a precondition to the trustee disbursing pre-confirmation payments.
What should you ask a lawyer about your payments?
This page describes general rules and a sample of district practice; it is not advice about your case, and the local rule that governs you may say something different. A lawyer who practices in your district can answer these quickly.
Good questions to bring: Is payroll deduction required here, or can I pay the trustee directly? When exactly is my first payment due, and to what address or payment system? Does my plan route lease or adequate protection payments through the trustee, or do I pay those creditors myself? What happens to money the trustee is holding if my plan is not confirmed?
Also ask what your district does when a payment is missed, whether a moratorium or suspension is available and how many times, and what has to be filed if you change jobs. Employer changes are a common failure point because the old wage order stops producing money without anyone announcing it.
Frequently asked questions
- When do Chapter 13 payments start?
- Generally within 30 days of the date the plan is filed or the order for relief, whichever is earlier, unless the court orders otherwise (11 U.S.C. § 1326(a)(1)). That is before confirmation, so the first payments are made while the plan is still under review. N.D. Okla. LBR 3070-1 states the same 30-day start measured from the order for relief.
- How do I actually pay my Chapter 13 trustee?
- The form of payment is set by local rule and by what the trustee accepts. Common requirements are a certified or cashier's check, a money order, or an electronic payment system authorized by the trustee, with the debtor name and case number on the payment. D. Mass. LBR Appendix 1, Rule 13-19 and N.D. Okla. LBR 3070-1 both require that. Cash is commonly refused.
- What is a Chapter 13 wage deduction order?
- It is a court order directing an entity that pays you income, usually your employer, to send part of that income straight to the Chapter 13 trustee. Bankr. D. Haw. LBR 3070-1 and D. N. Mar. I. LBR 3070-1 let the debtor apply for one and let the trustee request one if the debtor fails to make timely payments. Some districts make it the default funding method.
- What happens if I miss a Chapter 13 payment?
- It varies by district, and it is worth raising immediately rather than waiting. D. Mass. LBR Appendix 1, Rule 13-19 is titled in part for dismissal for failure to make required payments, and the trustee is charged under 11 U.S.C. § 1302(b)(5) with ensuring timely payments begin. Some districts allow a moratorium or a motion to suspend. We do not publish a verified dismissal standard for every district.
- Can Chapter 13 payments be paused?
- In some districts, by motion or trustee approval, and only for a limited period. E.D. Mo. L.R. 3015-6 allows a maximum of three consecutive months, once during the case, and the suspended payments are added to the end of the plan rather than forgiven. M.D. Ga. LBR 3070-1 lets the trustee grant a moratorium not to exceed 60 days. Neither is automatic.
- What does the trustee keep from my payment?
- Before or at the time of each payment to creditors, 11 U.S.C. § 1326(b) provides for payment of unpaid claims of the kind specified in section 507(a)(2) and the percentage fee fixed for a standing trustee. Section 326(b) caps allowable Chapter 13 trustee compensation at not more than five percent upon all payments under the plan.
- Do I still pay if my plan is not confirmed yet?
- Yes, under 11 U.S.C. § 1326(a)(1) payments generally begin before confirmation. The trustee retains them until confirmation or denial. If the plan is not confirmed, the trustee returns payments not previously paid and not yet due and owing to creditors, after deducting any unpaid claim allowed under section 503(b). The court can also modify, increase, or reduce pre-confirmation payments after notice and a hearing.
Sources
- 11 U.S.C. § 1326 — Payments · official source
- 11 U.S.C. § 1302 — Trustee · official source
- 11 U.S.C. § 1322 — Contents of plan · official source
- 11 U.S.C. § 1325 — Confirmation of plan · official source
- 11 U.S.C. § 326 — Limitation on compensation of trustee · official source
- KYEB LBR 3070-1 — Chapter 13 — Payments
- N.D. Okla. LBR 3070-1 — Chapter 13 — Payments
- Vt. LBR 3070-1 — Plan Payments in Chapter 13
- Bankr. D. Haw. LBR 3070-1 — Chapter 13 — Payments
- D. N. Mar. I. LBR 3070-1 — Chapter 13 — Payments
- S.D. Ind. B-3070-1 — Wage Assignment Orders in Chapter 13 Cases
- S.D.W. Va. LBR 3015-1.2 — Chapter 13 Plan Payments to Trustee
- D. Mass. LBR Appendix 1, Rule 13-19 — Commencement and Continuation of Payments to the Chapter 13 Trustee
- M.D. Ga. LBR 3070-1 — Chapter 13 — Payments
- E.D. Mo. L.R. 3015-6 — Chapter 13 Suspension of Monthly Trustee Payments
- 28 U.S.C. § 1930(a)(1)(B) — Chapter 13 filing fee
- Bankruptcy Court Miscellaneous Fee Schedule, Item 8 — Administrative fee
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Last reviewed July 26, 2026 · Sources verified July 26, 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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