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Your duties include, but are not limited to: 1) making regular
payments to the Chapter 13 Trustee as proposed in your Plan,
including promptly making the first payment, which is due within
30 days after the filing of your case; 2) providing the Chapter 13
Trustee a copy of either your federal tax return or an IRS transcript
for the last tax year you filed tax returns at least seven days before
your First Meeting of Creditors; 3) filing tax returns with the
taxing authorities for the four tax years prior to the Chapter 13; 4)
attending the First Meeting of Creditors, and having appropriate
identification and proof of your social security number; 5)
providing the Chapter 13 Trustee with additional information on
anyone owed a Domestic Support Obligation; and 6) attending the
hearing(s) on Confirmation of your Chapter 13, if necessary.
John P. Gustafson
Standing Chapter 13 Trustee
(419) 255-0675
Address_______________________________________________
You are also restrained from attempting to sell any of your assets, including
your home, car, etc., without requesting and obtaining permission from the
Court. You are also prohibited from making any purchases or obtaining any
loans, secured or otherwise, in excess of $1,000.00 without the Court’s
consent.
As you can see these protections are not just set up for you, but also for your
creditors. The Bankruptcy Court is like a mediator between you and your
creditors. The Court’s job is to make sure that all parties act in good faith
and in compliance with Bankruptcy laws.
You have filed a voluntary Chapter 13 Petition with the U.S. Bankruptcy
Court. Your petition sets forth all of your assets, your income, expenses, and
a Plan. This Plan, if approved by the Court, is the blueprint that will be used
to pay back your creditors. Your Plan includes the amount of money you
will pay to the Trustee each month, adequate protection payments, in what
order you want your creditors to be paid, which secured creditors will be
paid by you (outside the plan), and which are to be paid by the Trustee
(inside the plan). Your Plan must also state what percentage your unsecured
creditors will be paid on their claims and how long the Plan will run.
Secured creditors can be paid through the Plan, or through regular monthly
payments directly from the debtor. However, any arrearages (missed
payments) that may have accrued prior to the filing of your petition must be
paid through the Plan by the Chapter 13 Trustee.
If your Plan states that your are to make your current monthly payments
directly to a creditor, and the Trustee is only to pay any arrearage, PLEASE
REMEMBER: It is imperative that you immediately begin making those
monthly payments to the secured creditors, beginning with the first payment
that comes due after the filing of your Chapter 13.
If you are not sure where to send your mortgage, vehicle, or other secured
debt payments, or the creditor has refused your payments in the past, the
Trustee advises that you give the payment to your attorney. He/she can then
write that creditor and enclose your payment with the letter.
YOUR ATTORNEY
Your attorney represents your interests in this case, and must continue to do
so for as long as your case is active, or until the Judge permits your attorney
to withdraw from your case. Should you have any questions concerning
your case, your rights, or your options, contact your attorney first. He/She is
familiar with the Bankruptcy Code and Bankruptcy Rules, as well as the
local rules and practices. Some questions may have a simple answer. Others
may require contact with the Trustee’s Office or the filing of documents with
the Court. Only your attorney can prepare these filings and give you advice
as to the best way to proceed in a given situation. The Chapter 13 Trustee,
and his staff, cannot give you legal advice.
In many cases, a portion of your attorney’s fees will be paid through your
plan. Make sure you have discussed fees and costs with your attorney, and
that you fully understand if additional services will cost you more money. It
is to your benefit to fully understand all facets of this Court action.
THE STANDING CHAPTER 13 TRUSTEE
The Chapter 13 Trustee’s Office is open Monday through Friday, from 9:00
a.m. until 5:00 p.m. The telephones are closed from Noon to 1 p.m. for
lunch. Due to the number of active cases, and the number of cases being
filed, telephone lines may be busy, or the Trustee’s staff may be helping
other people. If you have difficulty getting through by telephone, a voice
mail system is in place. Please leave a detailed message and always include
your name, case number, question, and how we can best return your call.
Your call will be referred to one of the Trustee’s case analysts or managers.
These parties are well-trained and qualified to discuss any problems or
concerns that you may have about certain aspects of your Chapter 13 case.
However, Trustee and his staff, CANNOT give you legal advice. When
necessary, they will refer you back to your attorney for assistance.
http://www.chapter13toledo.com/
At the First Meeting of Creditors, YOU, your attorney, the Trustee and his
assistant are present, as well as any of your creditors who may choose to
attend. The Trustee and your creditors will ask questions about your
property, debts, income, expenses and your proposed treatment of creditors.
A directive from the United States Trustee (which is part of the U.S. Justice
Department) that became effective December 3, 2001, also requires: “all
debtors must provide trustees with picture identification to verify their
identity and proof of social security numbers. . . . If a debtor fails to
provide the required identification at the 341 meeting the debtor is not to
be examined and the meeting must be continued to the trustee’s next
date.”
ADDITIONAL INFORMATION THAT MUST BE
BROUGHT TO THE FIRST MEETING OF CREDITORS:
1. DOMESTIC SUPPORT OBLIGATION (DSO)
INFORMATION THAT MUST ALSO BE BROUGHT
TO THE FIRST MEETING OF CREDITORS
The Chapter 13 Trustee is required by law to send notice of your bankruptcy
filing to the holder(s) of Domestic Support Obligations, and to the state child
support agency. “Domestic Support Obligations” are what are commonly
called child support and alimony. If you owe alimony and/or child support
obligations, the Chapter 13 Trustee will need additional information about
that debt, including: 1) the name, current address and telephone number of
the person(s) to whom the debt(s) is owed (most often, a former spouse);
and, 2) whether or not the Domestic Support Obligation payments are
current for the period after you filed your bankruptcy. Understand that your
Chapter 13 case may dismissed at any time if you are not current with your
Domestic Support Obligation payments that arose after your bankruptcy was
filed.
Under the October 17, 2005 Amendments to the Bankruptcy Code, the
Chapter 13 Trustee’s Office is required, by the specific language of the law,
to send notices to both the DSO creditor and the state child support
enforcement agency. It is mandatory for the Trustee to provide notice to
both the creditor and state child support enforcement agency even if the
Domestic Support Obligation is only for alimony.
2. TAX RETURNS
(3) Tax Return. At least 7 days before the first date set for the
meeting of creditors under § 341, the debtor shall provide to
the trustee a copy of the debtor's Federal income tax return
for the most recent tax year ending immediately before the
commencement of the case and for which a return was filed,
including any attachments, or a transcript of the tax return,
or provide a written statement that the documentation does
not exist.
Copies of the most recent Federal tax returns must be MAILED (or hand
delivered) to the Chapter 13 Trustee’s Office. Not faxed or e-mailed.
Your Chapter 13 Plan proposes that certain payments are to be made on a set
schedule. The payments made to the Chapter 13 Trustee are applied by the
Trustee toward the payment of creditors’ claims filed in your case. The law
states that Debtor(s) shall begin making payments proposed by their Plan
within 30 days after the date of the filing of your Chapter 13 case. The
law further states that if these payments are not made within that 30 day
period, the case can be dismissed by the Court.
Please re-read that portion of the accompanying letter which states your
proposed payment and the date it is due. Payments should be made by
money order, cashier’s check or personal check and should be made
payable to:
Unless your attorney files a special motion, payroll deductions do not start
until after your Plan is Confirmed, which may take several weeks. WE
PREFER THAT PAYMENTS INTO YOUR PLAN BE MADE
THROUGH A PAYROLL DEDUCTION FROM YOUR PLACE OF
EMPLOYMENT. It makes life easier for you, the Creditor(s) and the
Trustee. And most importantly, we have found that cases funded by payroll
deduction are more likely to succeed.
Remember: You are responsible for making all required Chapter 13 Plan
payments. You cannot miss payments to the Plan. If you encounter a
problem making your payments directly, or if there is a problem with your
payroll department withholding the payroll deductions, you MUST contact
your attorney and the Chapter 13 Trustee’s Office immediately.
The Court will not Order a payroll deduction unless you agree to it. If you
are an employee, you will be asked at your First Meeting of Creditors if you
would like to pay through a payroll deduction. If you agree to payment
through a payroll deduction, the Order that confirms your Chapter 13 Plan
will direct your employer to send to the Chapter 13 Trustee a fixed amount
of money every time you are paid.
In most cases, the payroll deduction does not start until after your Plan is
Confirmed. The Order confirming your Plan will be sent to you by the
Court. When you receive the Order, it is likely that your employer received
the Order at about the same time. Start looking to see if the payroll
deduction is coming out of your paycheck. YOU ARE RESPONSIBLE
FOR MAKING YOUR PLAN PAYMENTS DIRECTLY TO THE
CHAPTER 13 TRUSTEE UNTIL YOUR PAYROLL DEDUCTION
BEGINS.
Please note: The Court has exclusive jurisdiction over your wages and
property during the pendency of your Chapter 13 Plan. Should any
employer treat the payroll deduction as a garnishment, or should any creditor
attempt to garnishee your wages, you should advise your attorney and the
Chapter 13 Trustee’s Office. Your attorney can take steps to help your
employer more fully understand that you are making a voluntary effort to
pay your debts. And, when necessary, the Trustee’s Office will aid your
attorney in conveying that message.
It is important that regular and timely payments are made so that the Trustee
can make regular monthly disbursements to your creditors. If we don’t
receive regular payments from you, and we do not hear from you about the
reasons why, the Trustee will be forced to file a motion to have your case
dismissed.
If your case is dismissed by the Bankruptcy Court, you and your home and
your other possessions are no longer under the protection of the Bankruptcy
Court, and your creditors may resume foreclosure/re-possession/collection
proceedings. You may also lose certain protections if you file again within
One (1) year.
If you have not filed any of the tax returns required to be filed for any tax
period within the four years prior to filing, please take steps to file them
immediately. The Court will not confirm your Chapter 13 Plan until you do
so. Moreover, failure to file tax returns that you are legally required to file,
either in the four years prior to the Chapter 13, or at any time after the filing
of your Chapter 13 case, may result in your Chapter 13 case being dismissed
by the Bankruptcy Court. This rule applies even if you believe that you do
not owe the IRS, State, etc., any monies.
This office advises that you take all steps necessary to file all past due tax
forms, both before and after the filing of your Chapter 13 case, and make
every effort to pay any tax that comes due after filing. If all tax forms have
been properly filed, you will be protected from rules that require automatic
dismissal of your Chapter 13 case for failure to file tax returns, and your
attorney will be better able to work out an accurate re-payment plan.
Before you make your last payment to the Chapter 13 Trustee, you must
complete an instructional course concerning personal financial management
that has been approved by the Office of the United States Trustee. In order
to obtain a Chapter 13 discharge, you will be required to provide the
Bankruptcy Court with appropriate proof that you completed this financial
management class. This Chapter 13 information booklet is not intended to,
and does not fulfill your debtor education requirements. You must take the
approved instructional course or you will not receive a discharge.
TAXES
During the pendency of your Chapter 13, you will be required to maintain =
and all post-petition tax indebtedness directly to the appropriate taxing
authorities. This is a requirement for all Chapter 13 debtors. Failure to do
so may result in dismissal of your Chapter 13 case. This requirement is also
addressed in the Order Confirming Plan. Please read it carefully.
When your creditors have been paid in full, the Trustee will prepare the
necessary paperwork to stop any payroll deduction and notify you that your
plan appears to be completed. You, your attorney and the Court will receive
copies of the Trustee’s Final Report and Account, after which you will
receive a Discharge Order from the Bankruptcy Court.
** PLEASE NOTE: The Trustee is unable to close Chapter 13 cases that are
completed (or advise the Court to issue the “Discharge Order”) until after all
of the final checks, issued to your creditors and to you, have been cashed.
Therefore, you will NOT receive a Discharge Order at the time you make
your final payment. It takes at least 4-6 weeks for the final checks to clear
and the paperwork to be prepared by the Trustee and the Court.
Upon successful completion of your plan, the Trustee will also notify the
Credit Bureau of Toledo that your Chapter 13 case has been completed. We
will also forward to them copies of the Final Report and Discharge Order for
their records. It is important that you follow up with the credit reporting
agencies to see that your records are accurate once your case has been
completed.
You can, at any time, pay additional funds into your Plan. Obviously, any
additional funds will help shorten the length of the Plan. Often, Debtors will
send in all or a portion of profit-sharing or bonus checks, or tax refunds.
If you have a 100% Plan, you may pay off your plan at any time prior to the
end of the time frame allowed by the Court. If your Plan proposes to pay
less than 100%, you should contact your attorney about attempting to pay
your Plan off early.
If your Plan provides for sale of an asset, or you desire to sell an asset, be
sure to contact your attorney to be sure that the sale is accomplished in
accordance with your Plan. Your attorney will then contact the Trustee’s
Office so that the disposition of the proceeds of the sale can be determined.
Business debtors are also required to file quarterly reports and summaries of
their business operations with the Trustee and the Court. Contact your
attorney if you have any legal questions.
From the time your case is confirmed, and even before, you will receive
various communications, notices and other documents from this Office.
This letter and pamphlet are the first of many. PLEASE READ ALL
COMMUNICATIONS AND DOCUMENTS IN REGARD TO YOUR
CHAPTER 13 CASE CAREFULLY. If you do not understand what is
being said or the purpose of the document, please call your attorney
immediately. If your address changes, let the Chapter 13 Trustee’s
Office know your new address as soon as possible.
You will be mailed copies of documents which will tell you which creditors
have and have not filed claims in your case, and for what amounts. If the
amounts do not appear correct call your attorney. You are allowed a certain
amount of time within which to object to any claim.
Every April and October you will receive a ledger from the Trustee, which
will reflect the payments made into your plan and the disbursements made to
your creditors during the previous six months, along with current balances.
These ledgers will keep you up-to-date on the progress of your Plan.
FINALLY
As was stated at the beginning of this booklet, you have filed a Chapter 13
re-payment Plan. Which means you have entered into a joint effort to satisfy
your creditors, while holding on to all of your property.
The Trustee, your attorney and even your creditors, are all hoping for the
successful completion of your plan. As in any relationship, if lines of
communication are not maintained the chances for success are diminished.
This is why you need to let us know if you are finding it difficult to make
payments, if a check will not clear, or if your employment situation changes.
Complying with a Chapter 13 Plan is not always easy. You may have to
make real sacrifices to meet the obligations you have set for yourself in your
Plan and to live within that budget. Please know that thousands of people
have, over the years, been successful in completing their repayment plans
and have been just as successful in re-establishing their credit.