Bankruptcy Court for the Western District of Wisconsin

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Chapter 13 Filing Requirements

All petitions and schedules must be accompanied by the filing fee or an application to pay the filing fee through the plan. Petitions will not be accepted without one or the other. Filing fees must be paid either by cash, cashier's check, money order, or an attorney's firm check, made payable to "Clerk, U.S. Bankruptcy Court." Do not tender cash for petitions submitted by mail. Effective December 1, 2011, all fees paid over the counter in Eau Claire must be by an attorney's firm check, cashier's check, or money order. Cash will no longer be accepted at the Eau Claire Divisional Office. CHECKS FROM DEBTORS WILL NOT BE ACCEPTED.

The petition page must include the redacted social security number(s) and county in which the debtor resides. The full social security number should be provided on Form 21. Schedule D must include full recording data: page and document numbers, date and place of recording, or state "unrecorded" - attach separate page if necessary. PRO SE DEBTORS: Include day-time phone number under signature. Papers must be collated into sets and arranged in order as listed below.

Non-debtor spouse information should be reported on Form 21, Statement of Social Security Number(s) and should include name, social security number, tax id number, mailing address, and all other names used by the non-debtor spouse within eight years before filing the petition.

Petitions and schedules can be found on our forms page, or they may be downloaded from the U.S. Court's website. Form sets can be purchased from an office supply store that sells legal forms.

 
Chapter 13 Filing Requirements
Required Documents Due WITH the petition (minimum filing requirements):
  • $281 Filing Fee
  • Form 1 - Voluntary Petition
  • Mailing Matrix - List of all creditors
  • Form 21 - Statement of Social Security Number
  • Certificate of credit counseling and debt repayment plan (if any)
  • Form 19B - Notice to debtor by bankruptcy petition preparer (if applicable)
  • Form B280 - Statement disclosing compensation paid or to be paid to a bankruptcy petition preparer (if applicable)
Documents due with the petition or within 14 days:
  • Form B201 - Notice to Individual Consumer Debtor
  • Schedules A-J
  • Summary of Schedules (file complete set of schedules - any that do not apply, state "none" or check box indicating "none") 
  • Declaration Concerning Debtor's Schedules
  • Form 7 - Statement of Financial Affairs
  • Form 22C - Statement of Current Monthly Income (means test)
  • Copies of all payment advices (pay stubs) or other evidence of payment received by the debtor from an employer within 60 days before filing the petition
  • Form B203 - Statement disclosing compensation paid or to be paid to the attorney for the debtor (if applicable)
  • Chapter 13 Plan which includes: 
    • method of payment (payroll deduction)
    • plan arrangement
    • percentage to unsecured creditors

Documents due 7 days before the date first set for the Section 341 meeting of creditors:
  • Provide to the trustee a copy of the Federal income tax return (or transcript of return) for the most recent tax year ending before filing
Documents due before the discharge is granted:
  • Certificate of Financial Management Course (is due no later than the last payment made by the debtor as required by the plan or the filing of a motion for entry of discharge under §1328(b). This is pursuant to FRBP §1007(c))