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Debtors should be aware that failure to pay these fees may result in dismissal of the case.
If a joint petition is filed, only one filing fee and one administrative fee are charged. When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case.
The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.
As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. Consumer debts are those incurred by an individual primarily for a personal, family, or household purpose. Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition.
trustee or bankruptcy administrator (2) appoints a standing trustee to serve in all chapter 13 cases.
By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. In addition, no individual may be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. Unless the court orders otherwise, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a schedule of executory contracts and unexpired leases; and (4) a statement of financial affairs. Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a "consumer debt" from any individual who is liable along with the debtor.