In short
The plan is the heart of a Chapter 13 case. It says how much the debtor will pay the trustee each month, for how long, and how each kind of creditor will be treated.
Official Form 113 is the national version. Bankruptcy Rule 3015.1 lets a district adopt its own plan form in its place, and most have. Form 113 is the one to use only in a district that hasn’t.
Who files it
A Chapter 13 debtor in a district that uses the national plan. In a district with a local plan form, the local form is filed and Form 113 isn’t.
What it asks
Part 1: Notices
Three boxes that alert creditors to whether the plan limits a secured claim, avoids a lien, or contains nonstandard provisions.
Part 2: Plan Payments and Length of Plan
The payment amount and schedule, how payments will be made, what happens to tax refunds, and the total to be paid.
Part 3: Treatment of Secured Claims
Ongoing payments and catching up on missed ones, claims to be valued, claims excluded from valuation, liens to be avoided, and collateral to be surrendered.
Part 4: Treatment of Fees and Priority Claims
The trustee’s fee, attorney’s fees, and priority claims such as domestic support and certain taxes.
Part 5: Treatment of Nonpriority Unsecured Claims
What general unsecured creditors will receive, and any that are classified separately.
Part 6: Executory Contracts and Unexpired Leases
Which contracts and leases are assumed. The rest are rejected.
Part 7: Vesting of Property of the Estate
When property of the estate returns to the debtor.
Part 8: Nonstandard Plan Provisions
Anything not in the form or that departs from it. A provision placed anywhere else in the plan is ineffective.
Part 9: Signatures
Signatures of the debtor and any attorney.
A plan is drafted, not filled in. Every section of a plan is a legal decision about how a creditor gets treated, and the court has to confirm the result. This page describes the form’s layout. What belongs in a plan is a question for a bankruptcy attorney.
When it’s filed
With the petition, or within 14 days after it, under Bankruptcy Rule 3015(b).
Related forms
- Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Official Form 122C-1)
- Chapter 13 Calculation of Your Disposable Income (Official Form 122C-2)
- Schedule J: Your Expenses (Official Form 106J)
The official form
Official Form 113 is 9 pages long and is used in Chapter 13 only cases. This guide describes the 12/17 revision, the date printed beside the form’s title. The federal courts publish the form and replace it when it changes, so their page always has the current one.
BK Prepare’s questionnaire builds the list of forms for a case from your answers, and includes this one when it applies.