Chapter 13 Bankruptcy in Indiana

Indiana’s Southern District publishes a $4,500 “no-look” attorney fee for routine Chapter 13 cases — a flat amount your lawyer can charge, paid through the plan rather than upfront, that lets you compare quotes against a court-set benchmark. Combined with some of the lowest mortgage balances in the country, it makes Chapter 13 a more affordable path in Indiana than filers often expect.

chapter 13 bankruptcy in Indiana

How Chapter 13 Works in Indiana

Chapter 13 replaces liquidation with a court-supervised repayment plan lasting three to five years. You keep your property — including property no exemption would fully protect in a Chapter 7 — and instead pay creditors a portion of what you owe out of future income. A standing Chapter 13 trustee collects your monthly payment and distributes it. At the end of the plan, the remaining balance on most unsecured debt is discharged.

The trade-off is time. A Chapter 7 case in Indiana is typically over in about ninety days; a Chapter 13 case runs for years, and missed plan payments can get the case dismissed. What the commitment buys is the ability to protect assets and cure arrears that Chapter 7 cannot touch.

Why Indiana Filers Choose Chapter 13

Two Indiana quirks push filers toward Chapter 13 more than you’d expect in a low-cost state. The first is the absence of a vehicle exemption: Indiana has no separate motor vehicle exemption. Vehicle equity is protected out of the $12,100 'other tangible personal property' allowance ($24,200 for joint filers), which also has to cover household goods, tools, and any non-residential property. A filer with a valuable paid-off car can face real exposure in Chapter 7. In Chapter 13, that stops being a problem — you keep the vehicle and pay for it through the plan regardless of equity.

The second is the tiny $450 intangible cap. A filer holding a substantial tax refund or bank balance may not be able to protect it in Chapter 7 at all, but in Chapter 13 that non-exempt value simply sets a floor on what unsecured creditors must receive over the life of the plan, rather than forcing an immediate loss.

Do You Qualify for Chapter 7 Instead? The Means Test

Many filers arrive at Chapter 13 because their income is too high for Chapter 7. If your household income is at or below Indiana’s median for your household size, Chapter 7 is available on income alone.

Indiana’s current median income figures:

  • 1 person: $64,461
  • 2 people: $81,986
  • 3 people: $95,627
  • 4 people: $115,656
  • Each additional person: add $11,100

Qualifying for Chapter 7 doesn’t always mean choosing it. An Indiana filer with a valuable vehicle or property that the exemptions can’t fully cover often does better in Chapter 13, which keeps those assets in exchange for a repayment plan.

Mortgage Cure in Indiana

The most common reason to choose Chapter 13 is to stop a foreclosure and catch up on missed mortgage payments. Filing triggers the automatic stay, which halts a pending foreclosure immediately. Your arrears — everything you’re behind — are folded into the plan and repaid in installments over three to five years while you resume your regular monthly payment going forward.

Indiana uses judicial foreclosure, which tends to move more slowly than the non-judicial process in some states, but the automatic stay still provides the cleanest way to halt a sale and cure arrears in an orderly way. Because average Indiana mortgage balances are low, the arrears to be cured are often smaller here than the national norm, which keeps the plan payment manageable.

Vehicle Treatment and Cramdown

Chapter 13 is the more comfortable chapter for Indiana filers with vehicle equity, precisely because Indiana has no dedicated car exemption. You keep the vehicle and pay for it through the plan regardless of how much equity it holds.

If you financed the car more than 910 days before filing and owe more than it’s worth, cramdown may apply: the secured portion of the loan is reduced to the vehicle’s actual value, and the balance is treated as unsecured debt paid at whatever percentage other unsecured creditors receive.

Which Federal District Do You File In?

Indiana has two federal districts. The Northern District of Indiana sits in Hammond, South Bend, Fort Wayne, and Lafayette; the Southern District of Indiana sits in Indianapolis, Terre Haute, Evansville, and New Albany. Meetings of creditors in both districts are now held virtually by Zoom (the Northern District moved to virtual 341 meetings for cases filed on or after September 1, 2023). The two districts set their own local practices, including how attorney fees are handled, so where you live within Indiana affects the specifics of your case even though the underlying exemption law is statewide.

How Much Does a Chapter 13 Attorney Cost in Indiana?

Chapter 13 attorney fees in Indiana typically run $4,000 to $4,500, on top of the $313 federal filing fee. The Southern District of Indiana sets a presumptively reasonable “no-look” fee of $4,500 for routine cases — an attorney charging that amount or less doesn’t need to file a detailed fee application. Unlike Chapter 7, most of a Chapter 13 fee is paid through the plan rather than upfront, which is a large part of why Chapter 13 is accessible to filers who can’t assemble a Chapter 7 retainer.

Common Mistakes Indiana Filers Make

Not comparing the fee quote to the no-look figure. The Southern District publishes a $4,500 benchmark for routine Chapter 13 cases. A materially higher quote should come with an explanation of what makes the case non-standard.

Filing Chapter 7 with a valuable paid-off car. Indiana’s lack of a vehicle exemption is exactly the situation Chapter 13 solves — it’s worth comparing the two chapters before assuming Chapter 7 is cheaper overall.

Proposing a plan payment that assumes best-case income. Plans built on optimistic budgets fail in year two. The payment has to survive a bad month.

Waiting until the foreclosure is far along. The automatic stay is most useful with time to build an accurate plan; filing at the last moment leaves no room.

Not checking the 730-day domicile rule if you moved to Indiana recently, since it affects which exemptions set your plan’s liquidation floor.

A Realistic Example

Consider a filer we’ll call Denise, who owns a home in Bloomington. She has about $30,000 in equity, a paid-off SUV worth $15,000, and fell three months behind on her mortgage after a medical leave, leaving roughly $6,000 in arrears. She also carries $19,000 in credit cards.

Chapter 7 is awkward for her. Her home equity exceeds the $22,750 homestead exemption by about $7,250, and her $15,000 SUV can’t fit within the $12,100 tangible-property allowance — a Chapter 7 trustee could take issue with both.

In Chapter 13 she keeps everything. The $6,000 in mortgage arrears is spread across a sixty-month plan on top of her resumed monthly payment. The roughly $10,000 of combined non-exempt value in her home and vehicle sets the floor for what unsecured creditors receive, which her disposable income comfortably funds over five years. Her attorney charges the district’s $4,500 no-look fee, paid through the plan. At the end, the remaining credit card balance is discharged.

Frequently Asked Questions About Chapter 13 Bankruptcy in Indiana

How much does a Chapter 13 attorney cost in Indiana?

The Southern District of Indiana sets a presumptively reasonable “no-look” fee of $4,500 for routine Chapter 13 cases, paid through the plan rather than upfront. Fees typically range from $4,000 to $4,500 statewide, plus the $313 federal filing fee. An attorney charging the no-look amount or less does not need to file a detailed fee application.

Why do Indiana filers choose Chapter 13 over Chapter 7?

Two reasons specific to Indiana: the state has no dedicated vehicle exemption, so a valuable paid-off car is exposed in Chapter 7 but kept in Chapter 13; and the intangible property exemption is only $450, so a large bank balance or tax refund that can’t be protected in Chapter 7 simply sets a repayment floor in Chapter 13 instead of being lost.

Can Chapter 13 stop foreclosure in Indiana?

Yes. Filing triggers the automatic stay, which halts a pending foreclosure immediately. Missed mortgage payments are folded into a three-to-five-year repayment plan while you resume regular monthly payments. Indiana uses judicial foreclosure, and the stay provides the cleanest way to halt a sale and cure arrears in an orderly way.

How long does a Chapter 13 plan last in Indiana?

Three years if your household income is below Indiana’s median for your household size, and five years if it is above. Plans that must pay out non-exempt equity often run the full five years, because the longer term keeps the monthly payment affordable.

Can I keep my car in an Indiana Chapter 13?

Yes, and this is a common reason to choose Chapter 13 in Indiana. Because the state has no separate vehicle exemption, a valuable paid-off car is at risk in Chapter 7. In Chapter 13 you keep it and pay for it through the plan regardless of equity. Cramdown may reduce an underwater car loan financed more than 910 days before filing to the vehicle’s actual value.

Which bankruptcy court handles my case in Indiana?

Indiana has two districts. The Northern District sits in Hammond, South Bend, Fort Wayne, and Lafayette; the Southern District sits in Indianapolis, Terre Haute, Evansville, and New Albany. Meetings of creditors in both are held virtually by Zoom, and each district sets its own local practices, including Chapter 13 fee handling.

Where to Verify the Details

Indiana’s exemptions are codified at Ind. Code § 34-55-10-2. Chapter 13 fee practices and local rules are published by the Southern District of Indiana and the Northern District of Indiana bankruptcy courts. For current means test figures, check the U.S. Trustee Program website.

Alternatives to Chapter 13 in Indiana

If you rent or have modest vehicle and home equity, and your income falls below Indiana’s median, Chapter 7 bankruptcy in Indiana discharges qualifying unsecured debt in about ninety days instead of committing you to a multi-year plan.

Last reviewed by American Debt Guide Editorial Team.

Figures on this page reflect Indiana bankruptcy exemption amounts and federal filing data as of August 2026.