![]() In many cases more than one amount is listed. The amount you must pay is set out in the Order. You will receive a copy of the Order Confirming Plan. Your payment to the Trustee may need to be adjusted over the life of your plan if your mortgage payment varies due to changing interest rates or property taxes.Ĭonfirmation of your plan means the Court has approved your proposal of payment and has signed an order which binds you and your creditors to the terms of your plan. You are also required to make your Trustee payments by wage assignment unless otherwise approved by the Trustee. If you are behind in your mortgage payments by more than two payments when you file a Chapter 13 bankruptcy and want to keep your home, you are required by local Court rule to pay your ongoing mortgage payments as well as the arrearage you owe, through the plan. Objections will be resolved by the bankruptcy judge. Your attorney will advise you when this is necessary.Īll of your creditors will receive a copy of your plan and will have the right to object to the proposed treatment of their claims. When inaccuracies occurr, you will be required to submit amendments to your schedules, statement of affairs, or plan. You may also be asked to verify certain expenditures and other information in your bankruptcy documents. The Trustee will ask for pay stubs, tax returns, or other documentation to verify your income. ![]() An accurate and realistic budget is the heart of your plan. The best chance for Chapter 13 success occurs when payments to your creditors, both directly and through your plan, fit within your ability to pay. In most cases you will have the opportunity to make changes and file an amended plan. If the Trustee does not find your plan is feasible they will recommend that it NOT BE CONFIRMED. Your unsecured creditors receive at least as much as they would have been paid if you had filed a Chapter 7 case.All of your disposable income for no less than 36 months is dedicated to the payment of your creditors.The amount of your proposed payment is sufficient to pay all of the administrative, priority, and secured claims, including applicable interest, within the number of months designated in your plan.All of the information provided on the petition, schedules, statement of affairs, and the plan appear to be complete and accurate.The trustee will recommend approval of your plan if: It is the Trustee's job to review your plan as well as all of the bankruptcy documents and make a recommendation to the Court. It is your attorney's job to assemble all the required information from you and develop a feasible plan in accordance with your budget and the amount of your debt.It is your job to provide your attorney with complete and accurate information and to make sure the documents filed on your behalf reflect that information. The Chapter 13 plan is your proposal for dealing with your creditors within the guidelines of the bankruptcy code. This fee may fluctuate during the life of your plan but will not be more than 10%. Your attorney should have explained the Trustee's fees as allowed by the Court. This includes the name and address of a new employer or a change in the amount of your pay. If you have a change in employment, notify your attorney immediately. Your signature must be included on your notification. If your address changes, it is very important that you notify your attorney, the Bankruptcy Court, and the Trustee's office in writing immediately. to the address listed on your Bankruptcy Petition. We will mail all notices, correspondence, checks, etc. I t is very important that we know your current address while your Chapter 13 plan is active. Allow five (5) to ten (10) working days for a response. Please note that this address is not the same address for payments. When sending correspondence to the Trustee's office, be sure to include your case number, name, address, and phone number. Please direct all legal questions to your attorney. ![]() Remember that the Trustee and the Trustee's staff cannot give legal advice. Our staff is familiar with the policies and guidelines in Chapter 13 and are well qualified to discuss your problems or questions. Please be aware that you do not need to speak to the Trustee. ![]() Please have your case number ready when you call. Utilizing our ePay online payment system:Ĭalls are accepted Monday through Friday between the hours of 8:30 am to 4:00 pm. Failure to make adequate and timely payments may result in your case being dismissed. You should always write this number on all payments and correspondence and have the number handy when you call the Trustee's office.Īll Chapter 13 filers are required to make monthly payments to the Trustee's office beginning 30 days after the filing date. When your Chapter 13 Petition was filed, the court assigned a case number.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |