Missouri Bankruptcy Filing Checklist (Chapter 13)

Filing Chapter 13 in Missouri step-by-step

Bankruptcy is a federal process governed by the U.S. Bankruptcy Code, and a Chapter 13 case is filed in federal court even though you live in Missouri. The sequence below is typical, but every case is different — treat it as a general guide rather than legal advice.

Step 1: Gather your financial documents

Pull together a complete picture of your finances: proof of income (recent pay stubs or profit-and-loss records), a list of all debts, an inventory of your assets, and your most recent tax returns. Accurate, organized records make every later step easier and reduce the risk of problems during your case.

Step 2: Complete pre-filing credit counseling

Federal law generally requires you to complete a credit counseling course from a U.S. Trustee-approved provider, usually within the 180 days before filing. The session is typically short and can often be done online or by phone, and you receive a certificate that must be filed with your petition.

Step 3: Develop a proposed repayment plan

Chapter 13 centers on a proposed plan that generally lasts three to five years and pays creditors from your disposable income. Unlike a Chapter 7 liquidation, where a trustee may sell non-exempt property, Chapter 13 lets you keep your property and catch up on secured debts like a mortgage over the life of the plan.

Step 4: File the petition, schedules, and plan

File your petition, schedules of assets and debts, and your proposed plan with the U.S. Bankruptcy Court for the Eastern or Western District of Missouri, based on where you live. The instant you file, the automatic stay under 11 U.S.C. § 362 generally halts most collection activity, including lawsuits, garnishments, and foreclosure.

Step 5: Begin making plan payments

In Chapter 13 you typically must start making payments under your proposed plan promptly — generally within about 30 days of filing — even before the court has confirmed the plan. Making these payments on time is essential to keeping your case on track and showing the court the plan is workable.

Step 6: Attend the section 341 meeting of creditors

You attend a meeting of creditors under section 341 of the Bankruptcy Code, where the trustee places you under oath and asks questions about your paperwork, income, and plan. Creditors may attend but often do not. If your filing is accurate, this meeting is usually brief.

Step 7: Get the plan confirmed and receive your discharge

The court holds a confirmation hearing to approve your plan. Once it is confirmed, you make your payments through the plan period and complete a required debtor-education (financial management) course. After you finish the payments and requirements, the court can grant your discharge.

Chapter 13 vs. Chapter 7

These two consumer chapters work very differently. The right choice depends on your income, assets, and goals, so this comparison is only a starting point.

• Chapter 13 is a repayment plan over roughly three to five years; Chapter 7 is a liquidation that can wipe out most unsecured debts in a few months.
• Chapter 13 can let you cure past-due mortgage or car payments over time and keep the property; Chapter 7 has no repayment plan to catch up arrears.
• Chapter 7 has an income screen (the means test) that can push higher-income filers toward Chapter 13.
• In both chapters, a discharge eliminates personal liability for many debts but does not automatically erase a lien.

When to talk to a lawyer

Bankruptcy is federal and the rules are detailed, so it is wise to talk with a qualified Missouri bankruptcy attorney before filing — especially if you are behind on a home you want to keep, have significant assets, run a business, or are unsure whether Chapter 13 or Chapter 7 fits your situation. An attorney can confirm current requirements, help you build a feasible plan, and protect your rights. This information is firm-agnostic and not a recommendation of any particular lawyer.