FAQ
Frequently Asked Questions: Current Chapter 13 ClientsThe Bankruptcy Law Center provides the information on this web page as a courtesy to current and prospective clients. As stated in our Disclaimer this infomation is not intended to create an attorney/client relationship. Although we hope these pages are helpful, they are not intented as legal advice and should not be considered as such. As with all legal matters, information provided in this format is generalized. However, all cases are different as all people's personal situations are different. Therefore, you should not assume that all the information will apply in your circumstance. You should always confirm all matters with your attorney. Frequently Ask Questions Index
Q: I filed a bankruptcy case, and I am still getting calls from my creditors. Why?A: Sometimes it can take 4-6 weeks for a creditor to update its records to reflect that you have filed a bankruptcy petition. Inform the creditor that you have filed, give them the case number if you have it, and refer the creditor to us if they have any further questions. [ back to top ] 1 Q: Where is the meeting of creditors held, and how do I get there?
[ back to top ] 2 Q: What will happen at the meeting of creditors?A: At the meeting of creditors, the trustee will ask a series of questions almost identical to the checklist used in our office during the first consultation with the attorney. The trustee is looking for non-exempt assets or to identify other legal issues in your case. In virtually every case, any of those issues will have been previously discussed with you by one of the attorneys. Creditors are permitted to attend the meeting and ask questions if they wish. Few, if any, of the creditors actually attend. [ back to top ] 3 Q: Will an attorney be present with me at the meeting of creditors?A: Yes, an attorney from Todd Trierweiler & Associates will always be with you at the meeting, although it may not be the attorney you met with for the initial consultation. The attorney will have reviewed your file thoroughly prior to the hearing, and will meet with you shortly before the hearing to answer any last-minute questions. [ back to top ] 4 Q: What do I need to provide the Trustee PRIOR to my hearing?A: No later than 7 days prior to your hearing, the Chapter 13 Trustee must have the following: Some of this you may have already provided to our office. (Usually #1 & #2) However, it is your responsibility to ensure that the Trustee has all of the necessary documentation prior to your hearing. [ back to top ] 5 Q: Do I need to bring anything to the meeting of creditors?A: In every bankruptcy case, the debtor is required to provide proof of identity at the creditors' meeting and documentation that verifies your social security number. Proof of identity: Proof of Social Security Number: In addition, while not required, it is helpful to bring the yellow folder given by the paralegal which contains a copy of the petition and other pertinent documents. [ back to top ] 6 Q: What happens if I accidentally miss my meeting of creditors?A: If you miss the meeting of creditors, you should immediately contact an attorney at our offices. Depending on the circumstances, we may be able to file a motion with the Court to reschedule the meeting, a ruling on which is discretionary with the judge assigned to your case. If the motion is denied, you may need to refile your bankruptcy case. [ back to top ] 7 Q: I inadvertently neglected to include a creditor. What can I do?A: As soon as you realize that you have forgotten to include a creditor in your bankruptcy filing, call the paralegal that you met with to type your petition. Depending on the circumstances of your case, it may be possible to add that creditor by amendment. There is usually a fee to add omitted creditors. [ back to top ] 8 Q: I am in a Chapter 13 case. Where do I mail my monthly plan payments?A: Oregon Cases Washington Cases In either case, be sure to make payment by money order or cashier's check only, and put your name and the case number on your payment. [ back to top ] 9 Q: I am in a Chapter 13 case. My income has changed. What should I do?A: Please contact the office to schedule an appointment with one of our attorneys to review your case. It is possible (or it may be required if income has increased) to modify the payments in light of the changes in income. For that meeting, please bring in two months' worth of your most recent pay stubs. You are under an affirmative duty to report to the Trustee if your income has increased by more than 10% from when you first filed the case. However, do not contact the Trustee to discuss this, contact our office. [ back to top ] 10 Q: I am in a Chapter 13 case. Am I required to turn over my tax refunds to the Chapter 13 Trustee?A: Generally yes, unless in an Oregon case the refunds are due to earned income credit or to additional child tax credit. If in doubt, call the office to schedule a telephone appointment with an attorney before cashing any tax refund checks. [ back to top ] 11 Q: I am in a Chapter 13 case. How do I handle filing of tax returns after the Chapter 13 case is filed?A: File the returns on time as normal. Please make a copy of the returns, and forward them to our office. We will provide the Chapter 13 Trustee with a copy. [ back to top ] 12 Q: I am in a Chapter 13 case. The car I am financing as part of the Chapter 13 Plan now has a blown engine/was totaled in an accident/is otherwise not driveable. I need a car to get to work. What can I do?A: Call the office to schedule an appointment with one of the attorneys. It may be possible to obtain Trustee approval to purchase another vehicle. Except under unusual circumstances, the new vehicle's purchase price cannot exceed $10,000. We can refer you to an auto dealer who is quite helpful in obtaining vehicle financing for clients currently in Chapter 13. Depending on the circumstances of your case, we may also need to modify your Chapter 13 Plan. You may not incur any credit while in a Chapter 13 case without permission from the Chapter 13 Trustee. [Click to PDF forms to fill out for auto request] [ back to top ] 13 Q: I missed some payments to the Chapter 13 Trustee, and I received a Motion To Dismiss from the Trustee. What should I do?A: You should immediately call the office to schedule an appointment to review your case with an attorney or paralegal. The Trustee's motion can usually be resolved with the filing of a modified plan, or by working out a settlement with the Trustee. [ back to top ] 14 Q: I missed regular monthly mortgage payments to the lender after filing a Chapter 13 case, and have now received a Motion For Relief From Stay from the mortgage lender's attorney. What does this mean, and what can be done?A: A Motion For Relief From Stay is a motion where the lender is seeking court permission to foreclose on the property because of missed payments. You should immediately call to schedule an appointment with the attorney or paralegal assigned to handle these motions. Under most circumstances, a settlement can be reached with the lender's attorney so that the lender is not entitled to foreclose. This usually means that any missed payments are cured within six months, providing ongoing monthly mortgage payments are made in the future. [ back to top ] 15 Q: I am in a Chapter 13 case, and would like to have it set up so that the monthly plan payments are made via payroll deduction by my employer. How can I do that?A: Call the office and request to speak with the Chapter 13 paralegal. The paralegal can get the necessary information from you and file a wage order with the Court. [ back to top ] 16 Q: I am in a Chapter 13 case, and want to sell or refinance my home to pay off my plan. Can I do that?A: Yes, but before the home is listed for sale or you apply for a refinance loan, call the office to schedule an appointment with an attorney to discuss this. There are some procedural "hoops" to jump through in order to sell or refinance real property while in Chapter 13. We can also refer you to an escrow agent who is experienced in handling sales and refinances of property involved in a bankruptcy case. In addition, depending on how long you have been in the plan, it may be inadvisable to sell or refinance at that particular time. [ back to top ] 17 Q: I plan to move out of state. Will this impact my Chapter 13 case?A: No. As long as you make the required payments to the Chapter 13 Trustee, it does not matter where you live. Please be sure to provide us with a new address and phone number as soon as possible. In addition, if you are paying the Trustee by wage order, and want to have a wage order set up with the new employer, please contact the Chapter 13 paralegal. [ back to top ] 18 Q: When will I receive a discharge in my Chapter 13 case?A: When it appears to the Chapter 13 Trustee that all payments required under the Plan have been made, one of his or her staff members will audit the file to ensure that the case is ready for discharge. That process can take up to 90 days. Once the audit is completed, if there are no further issues, the Chapter 13 Trustee will request that the Court issue a discharge notice by mail. [ back to top ] 19 Q: What is the Financial Management Course and when do I have to complete it? A: Every debtor must complete a Financial Management Course DURING their bankruptcy and obtain and file a certificate before they are eligible for a discharge. Here are a few providers that can help you complete your Financial Management Course requirement: [ back to top ] 20 |
 Request
|
