if in doubt, call me - Bankruptcy Attorney

FORM 2799
IF IN DOUBT, CALL ME
If you ever have any doubt about what you are supposed
to do while you are in the Chapter 13, please call me.
Doing nothing or guessing could hurt you.
You can call me 24/7. If I don’t pick up, I call you back
quickly.
_________________
Sign that you have received this packet totaling 12 pages and intend to read it
FORM 2799
WHEN IS THE TRUSTEE
PAYMENT DUE?
IF you are not on a wage order to have your payment deducted
from your employer, your first Trustee payment is due
approximately three (3) weeks from the day of filing. The
Trustee will send you a letter to give you the exact date. Below
are the addresses on where to send the payment. If you do not
get a letter from the Trustee within ten days of filing, go
ahead and make the Chapter 13 Payment that we discussed.
Please include your name as well as case number with the
payment.
Please note that I advise that you consent to a wager order.
This will help your case go much smoother. If you are on a
wager order, it is your responsibility to make sure the payments
are being deducted and being deducted for the correct amount.
Until they are, it is your responsibility to make the payment.
William K Stephenson, Jr.
JOY S GOODWIN
Chapter 13 Trustee
Chapter 13 Trustee
PO BOX 280
PO BOX 63339
FORM 2799
Memphis, TN 38101-0280
Charlotte, NC 28263
WHAT TO DO ABOUT
MORTGAGE PAYMENTS
Many Chapter 13 Bankruptcy filers file because they are behind
on their mortgage and they want to save their home. If you fall
in this category, your Chapter 13 Plan that you reviewed with
me will pay back your “arrearages” only in the plan. Most likely
your post filing mortgage payment is due the following month.
However, if your case is filed on the 16th of a month, the
“resumption date” to begin making your mortgage payment is
not due for 45 days. Please check with me if you are unsure or
forgot when the resumption date if.
If you are current with your mortgage, continue to make your
mortgage payment as you always have.
THE MORTGAGE PAYMENT IS TO BE SENT TO THE MORTGAGE
COMPANY
I RECOMMEND THAT YOU SEND YOUR FIRST THREE
PAYMENTS CERTIFIED
FORM 2799
I LOST MY JOB! IS THERE ANY
HELP ON MY TRUSTEE
PAYMENT?
This is a common question. If you run into problems while you
are in the Chapter 13, please call me. Sometimes there are
things I can do to help for a small time period if there is loss of
employment or a medical issue.
One type of motion that is available to Debtors is a Moratorium
motion. This allows Debtors to file a request to postpone
making their Trustee payment for 1-3 months.
Please note that if the Court consents to allowing the
moratorium, the Trustee will dismiss your case going forward
if you fall behind on your payments.
FORM 2799
MY CAR BROKE DOWN AND I NEED TO
FINANCE ANOTHER CAR. THE LENDER
SAYS I NEED A LETTER FROM THE
COURT, WHAT IS THIS AND HOW DO I
GET IT. HELP!!
This is a common issue in Chapter 13 cases. You have been in your
Chapter 13 plan for 3 years making your payment on time…then all of
a sudden your car dies and you need a new car. The lender tells you
that in order to obtain financing, you need this so called letter from
the Trustee or Court. What does this mean and how would I obtain
this letter?
First, it is not a letter you need- but a Court Order allowing you to
obtain financing pursuant to your Chapter 13 Plan. The good news is I
can usually get it for you after you give me some information: why
you need to finance? What type of car? How much is being financed?
What interest rate? How are you going to be able to afford a new
payment?
Second, I have to file a Motion to Incur Debt to obtain the court
Order. It will take approximately 20 days to get this Order, so get me
the information listed to me above asap.
FORM 2799
MY CASE WAS DISMISSED.
WHAT DO I DO?
If you ever receive documents from the Trustee or Court that
deal with either a Motion to Dismiss or an Order Dismissing
your case, call me asap!
Most likely if you receive a Motion from the Trustee dismissing
your case, you will have an opportunity to make arrangements
with the Trustee. Even if you make an arrangement with the
Trustee, please call me and let me know.
If your case is dismissed, in many cases we can file a Motion to
Reconsider to reinstate your case if this is your only Chapter 13
filing. Please note that this will require additional legal fees (I’ll
work with you ). Before the motion is filed, I will need to
know if you will be able to bring your case current within 3-4
weeks when the hearing will be held. The Court normally grants
Motions to Reconsider if four conditions are met : (1) you
attend the hearing, (2) bring certified funds to the hearing to
bring your case current. Please note that close is not good
enough and your motion will be denied, (3) agree that if you
case is ever dismissed again, you cannot ref-file Chapter 13 for
a one year period.
FORM 2799
CAN I SALE MY HOUSE OR CAR
WHILE IM IN THE PLAN? ANY
OTHER RESTRICTIONS?
No you cannot sale, transfer, or dispose of any property
without first obtaining permission from the Court. Please call
me and we can talk about this.
OTHER RESTRICTIONS THAT REQUIRE APPROVAL FROM THE
COURT:
(1) YOU CANNOT REFINANCE OR OBTAIN A LOAN
MODIFICATION WITHOUT APPROVAL FROM THE COURT
(2) YOU CANNOT EMPLOY PROFESSIONALS WITHOUT
APPROVAL. THIS USUALLY MEANS HIRING AN ATTORNEY
IN ANOTHER LEGAL MATTER YOU HAVE OUTSIDE
BANKRUPTCY
(3) YOU CANNOT INCUR ANY DEBT (FINANCING) WHILE YOU
ARE IN THE PLAN WITHOUT APPROVAL. MANY TIMES I
CAN GET YOU APPROVAL- SO CALL ME!
FORM 2799
IS THERE AN ACCOUNTING OF
MY CASE? HOW CAN I FOLLOW
THE PAYMENTS BEING MADE?
Yes. You can go to 13network.com to follow your case. Simply
go to the website, locate your Trustee, and apply for a log-in.
Next, the Trustee will periodically send reports detailing
everything about your case. If you have questions when you get
it, call me.
Finally, if you have additional questions about the Chapter 13
process and you need more information about the process or
financial education, here are some more options:
(1) Schedule a free consultation with me. I want you to be
completely comfortable with your plan payment.
(2) The Chapter 13 Trustee provides a book at the 341
hearing with great educational material on the Chapter
13 Process
FORM 2799
WHAT DOCUMENTS DO I NEED
TO FILE CHAPTER 13
You will need the following documents in order to file a Chapter
13 case. Please note that this is not an exhaustive list:
(1) Last 3 years of tax returns with W-2 statements. If you
have a business, I need those tax returns as well.
(2) Last 2 months of pay stubs for each job you have. If you
have income from another source such as
unemployment or social security, I need proof of this
income
(3) Copy of your County Tax Assessment
(4) Copy of any recent appraisals on your home if any
(5) Last 3 months of bank statements for each account to
include the day of filing
(6) 401(k) loan documents
(7) Business Questionnaire for people self employed
FORM 2799
WHAT HAPPENS DURING THE
CONFIRMATION PROCESS AND
WHAT DO I NEED TO LOOK OUT
FOR DURING THIS TIME?
Your Meeting of Creditors (341 hearing) is usually scheduled a month
after filing your case. I will know the day and time of your hearing when
I file your case.
At the 341 hearing you will need: (1) Drivers License, (2) social security
card, (3) most recent pay stub, and (4) a bank statement for each bank
account that covers the day you filed
At the 341 hearing, we will be given notes from the Trustee detailing
any amendments that are needed based upon the claims that have
come in to that point. He will also note any documents his/her office
have still not received.
NOTE: IF BY THE 341 HEARING THERE ARE ANY REMAINING
DOCUMENTS THAT HAVE NOT BEEN SENT TO THE TRUSTEE, YOU
MUST HAVE THESE DOCUMENTS TO ME WITHIN 3 DAYS OR YOU MAY
BE IN DANGER OF YOUR CASE BEING DISMISSED!!
CONFIRMATION HEARING. YOU MOST LIKELY ARE NOT REQUIRED TO
BE IN ATTENDANCE IF YOU HAVE PROVIDED ALL DOCUMENTS TO ME
WELL IN ADVANCE OF THE HEARING.
FORM 2799
WHAT HAPPENS IF I FALL
BEHIND ON MY MORTGAGE
PAYMENTS WHILE I AM IN THE
CHAPTER 13?
You will not be able to keep the protections on your home the
bankruptcy offers if you fail to keep your mortgage payments current
while you in the Chapter 13 bankruptcy. This means that you must
make your payments on time- falling more than 30 days behind may
result in the mortgage company filing a Motion for Relief of the
Automatic Stay. If you receive this in the mail, please call me as soon as
possible so I can file an objection to the motion. In most cases I am able
to resolve the dispute with your consent of a settlement that provides
for a payback of the money you have fallen behind on over a period of
usually 6-12 months.
FORM 2799
EXTRA CREDIT: LESS COMMON QUESTIONS:
a. Will my bank account be closed. Generally know – unless you owe
the bank money. It is always a good practice to have a bank
account with a bank you don’t owe money to.
b. Will I receive my tax refund while in bankruptcy? Maybe. If you
don’t owe the IRS any money prior to filing, you should receive
the total refund. If you do owe them money, they may take it and
reduce their claim to the Court
c. What if my car is totaled or I give up my house while in Chapter
13- does my Chapter 13 payment automatically decreased? The
answer is no. However, there is a chance we can amend your
schedules and Plan and motion to have a reduced payment.
d. Monitoring claims filed by creditors. What if a creditor doesn’t
filed a claim…what should I do? For unsecured creditors such as
your creditor cards or medical debts- it doesn’t matter. For
secured creditors being paid in your plan such as your mortgage
or car lender, we want to make sure they are being paid. So if you
receive any paperwork from the Trustee stating a secured creditor
has not filed a claim, please call me so that we can file a claim for
them.
e. Do I have to maintain full insurance on my house, car, and/or
mobile home? Yes, you must maintain complete insurance
coverage. Failure to do so or any lapses could allow the creditor to
file a motion in bankruptcy court allowing them to begin state
court foreclosure or redemption.