What are the debtor's responsibilities while the Chapter 13 case is open?

  • The debtor must continue to pay all regular bills as they come due, including monthly mortgage payment or rent.
  • The debtor must make monthly payments to the Chapter 13 Trustee according to the Chapter 13 plan.
  • If the debtor intends to sell any assets (including their home or car) while their Chapter 13 case is open, they must get court approval to do so by filing a motion with the court. Click here for the local rule on motions  DNJ LBR 9013-1
  • If the debtor plans to use a real estate broker, they must have court approval of the retention. Click here for an  Application For Retention of Professional
  • If the debtor intends to refinance existing debt (including their mortgage) or incur new debt, the debtor must obtain court approval to do so by filing a motion.