How to File Chapter 13 in Arizona
The legal title for the process of Chapter 13 bankruptcy is Adjustment of Debts of an Individual With Regular Income. Chapter 13 is for people who have enough stable income to pay their household expenses each month and still have money left over to pay off debt. Under Chapter 13, debtors can reorganize debt into a payment plan that lasts three to five years. The bankruptcy court discharges any debt left over after successful completion of the plan. You can file Chapter 13 bankruptcy at any of the three Arizona bankruptcy district locations in Phoenix, Yuma or Tuscon.
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Instructions
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Find a list of credit counseling providers on the Arizona bankruptcy court website (see Resources). Choose one that offers classes online or in your area. Federal bankruptcy laws require you to take the course and receive a completion certificate within the 180 days before you file Chapter 13 bankruptcy.
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Fill out the pages of the means test to ensure you can file Chapter 13 bankruptcy. Compare your income to the Arizona median income of $41,915 for one person, as of November 2010. You can file Chapter 13 if your income is above the median and you have more than $100 each month to put toward debt after paying monthly household expenses.
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Contact your lawyer to get the official bankruptcy petition or, if you do not have legal representation, download the petition from the Arizona bankruptcy court website (see Resources).
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Detail your income, assets, debts and expenses on the remaining petition documents. Refer to documentation such as pay stubs, bank statements, account statements and bills from creditors, receipts and utility bills to ensure you give accurate information.
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Give the completed petition to your lawyer along with the Chapter 13 filing fee of $274, as of November 2010. If you do not have an attorney, file the petition at the Arizona bankruptcy courthouse nearest to you and pay the filing fee in person.
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Ask your lawyer or, if you filed by yourself, the court clerk, for the date of the 341 meeting. This meeting is required by law to give creditors and a court representative called a trustee a chance to ask questions about your finances.
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Create a three- to five-year repayment plan with the help of your lawyer or an Arizona legal aid organization. First, plan to pay down secured debt such as houses and cars to bring the account current. Pay off nondischargable debt such as most tax debt and child support payments next. Pay unsecured debt such as credit cards last. If there is any unsecured debt remaining at the end of the plan, the court will discharge it. File the plan within 15 days of filing the bankruptcy petition.
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