Chapter 13 Repayment Plan (Official Form 113)
The plan detailing how you will pay mortgage arrears and other debts over 3-5 years — the centerpiece of a Chapter 13 bankruptcy.
Official Form 113, the 'Chapter 13 Plan,' is the centerpiece of a Chapter 13 bankruptcy — it is the document that proposes how you will pay your debts over 3-5 years using your future income. For homeowners facing foreclosure, the Chapter 13 Plan serves a critical function: it proposes a treatment for mortgage arrears (curing the default through plan payments), provides for ongoing post-petition mortgage payments, and may strip wholly unsecured junior liens (lien stripping). The plan must be feasible (you can afford the payments), proposed in good faith, and provide creditors at least as much as they would receive in a Chapter 7 liquidation (the 'best interests of creditors' test). If the plan is confirmed by the bankruptcy court and you complete all payments, your mortgage arrears are cured and your personal liability on dischargeable debts is eliminated.
Purpose of This Form
- 1Propose a specific plan to cure mortgage arrears over 3-5 years
- 2Provide for ongoing post-petition mortgage payments (maintain current payments)
- 3Treat secured, priority, and unsecured claims according to the Bankruptcy Code priority scheme
- 4Strip wholly unsecured junior mortgages (lien stripping) where applicable
- 5Demonstrate that the plan is feasible, proposed in good faith, and in the best interests of creditors
Form Sections & How to Complete
Plan Payments and Duration
State the monthly plan payment amount, the duration (36 months for below-median income, 60 months for above-median), the commencement date, and the trustee fee percentage. The plan payment is determined by your disposable income as calculated on Form 122C-2 (Chapter 13 Calculation of Disposable Income).
Treatment of Secured Claims
For each secured creditor (mortgage lender, auto lender, etc.), specify: the collateral, the claim amount, the interest rate, the monthly payment amount, whether arrears are being cured, and the treatment of the claim (paid through plan, paid directly, surrendered, or avoided through lien stripping). This section determines whether you keep your home.
Treatment of Priority Claims
List all priority claims (tax debts, domestic support obligations, etc.) and how they are treated. Priority claims must be paid in full through the plan.
Treatment of Non-Priority Unsecured Claims
Specify the dividend (percentage) to be paid to non-priority unsecured creditors (credit cards, medical bills, personal loans). The dividend is determined by your disposable income — it may be 100%, a lower percentage, or 0% depending on your circumstances.
Lien Avoidance / Lien Stripping
If applicable, identify wholly unsecured junior liens (second mortgages, HELOCs) to be stripped — valued at $0 after the senior lien exceeds the property value — and treated as unsecured claims. This is one of the most powerful tools in Chapter 13 for homeowners.
Filing Requirements
Where to File
U.S. Bankruptcy Court for the district where you reside. File with the bankruptcy petition or within 14 days after filing the petition (FRBP 3015).
Filing Fees
No separate fee for the Chapter 13 Plan (included in the $313 Chapter 13 filing fee).
Copies Required
Original to bankruptcy court + copy to Chapter 13 trustee + copy to each creditor + keep your copy.
Timing / Deadlines
File within 14 days of the petition (FRBP 3015(b)). The confirmation hearing is held within 45 days of the 341 meeting of creditors. Plan payments begin within 30 days of filing, even before confirmation.
Related Forms
Chapter 7 Voluntary Petition (Official Form 101)
Bankruptcy
Motion to Reimpose (Reinstate) Automatic Stay
Bankruptcy
proof-of-claim-objection
Coming soon
Frequently Asked Questions
What happens to my mortgage during the Chapter 13 plan?▼
During the plan, you make TWO streams of mortgage payments: (1) ongoing post-petition monthly payments (paid directly to the lender or through the trustee), and (2) arrears payments (the amount you were behind when you filed) paid through the plan over 3-5 years. At the end of the plan, if you have made all ongoing payments and all arrears payments, the mortgage is current and the default is cured. The lender cannot foreclose as long as you are making plan payments and ongoing payments.
What is lien stripping and does it apply to my situation?▼
Lien stripping (11 USC § 506(a) and § 1322(b)(2)) is when a wholly unsecured junior mortgage is reclassified from a secured claim to an unsecured claim. If your home is worth less than the balance of your first mortgage, the second mortgage is wholly unsecured — there is no equity securing it. In Chapter 13, you can strip this lien, meaning the second mortgage is treated as unsecured debt (paid only the dividend percentage, with the balance discharged at plan completion). This is one of the most powerful bankruptcy tools for underwater homeowners.
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