if in doubt, call me - Bankruptcy Attorney
Transcription
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.