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6060 North Central Expressway
North of Mockingbird East side of Central Expressway |
ROBERT M. THARP ATTORNEY/CPA BOARD CERTIFIED IN CONSUMER BANKRUPTCY LAW TEXAS BOARD OF LEGAL SPECIALIZATION |
PHONE: 214-800-2852
EMAIL: |
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Correspondence you can expect to receive during a Chapter 13 case. (see also: What is chapter 13?, What happens in a chapter 13?, Reasons to file chapter 13 rather than chapter 7) (Information is for a chapter 13 case that is filed in the Eastern District of Texas in Plano but similar correspondence will occur in other districts) 1. Filed schedules, plan. I send a complete copy of the paperwork that has been filed on your behalf. This information will include a certificate from the clerk of the bankruptcy court showing the case number and when and where the case was filed. You should make notes of these items as any creditor that calls you will need to know that information so that they know not to call you again. 2. §341 meeting notice. This will arrive approximately 5-10 days after the case is filed and will include the following information: a. Official Form B91. This is a document giving all parties notice of the filing of the case, the date and time for the meeting of creditors, deadlines for filing claims, deadlines for objecting to claimed exemptions, the date and time for the confirmation hearing for the proposed plan, the addresses for corresponding with the Chapter 13 Trustee and for making Chapter 13 payments, and the address for the bankruptcy clerk. b. Explanation of bankruptcy terms. This is located on the back of Official Form B91 and explains terms found on the front of the notice. c. Official Bankruptcy Form No. 10. This is the form for creditors to use for filing their sworn statement as to the amount and details of their claim against you. d. Instructions for completing Official Bankruptcy Form No. 10 e. Certificate of Service. This certifies that the clerk of the bankruptcy court has sent notice to the parties listed on the Certificate. 3. 341 meeting letter from your attorney [if you are my client] explaining what you MUST bring to the meeting, providing a map showing you where the meeting will be held, and providing a sample of a Declaration Page from an insurance policy to show you what you need to bring. 4. Chapter 13 Trustee 341 meeting letter This letter will arrive approximately 30 days after the case is filed. a. Letter providing basic information about your responsibilities in Chapter 13, advising what you MUST bring to your 341 meeting, telling you that you should attend a Financial Management class the same day as your 341 meeting. [a class similar to this MUST be completed before you can receive a discharge in your case and the class given by the Trustee is FREE] This letter further discusses your plan payments, your pre-bankruptcy tax returns, and other duties in the case. b. Information sheet giving the address for mailing payments and the address for mailing correspondence to the Trustee if you need to do so in the case. c. A description of the Financial Management class including sign-in times. On the back of this document is a description of the agenda for each class. d. Wage Withholding Form - this document provides the Trustee the information required for the Trustee to obtain an order from the court directing your employer to withhold your Trustee payment from your paycheck and to remit the payment to the Trustee. This method of making payments significantly increases the likelihood that your case will succeed. If you are concerned that having your employer know that you are in a bankruptcy case will jeopardize your employment, possibly prevent you from getting promotions, or negatively impact your job in some way you should write a letter to the Trustee asking that the Trustee waive the Wage Withholding requirement. your letter MUST include a reason such as those above. 5. Trustee 341 Meeting Documents b. Chapter 13 Trustee 341 Meeting Questions c. Chapter 13 Trustee 341 Meeting Notes d. Income Tax Refund Policy: You will receive a copy of the Trustee's policy on income tax refunds received after the case is filed. [This policy like any other policy is subject to change as time goes by - many Trustee policies have in fact changed over the past 20 years] After a case is filed IRS will send any refund to the Chapter 13 Trustee rather than to you. If the Trustee receives a refund prior to the date a plan is approved by the Court the Trustee will require that the refund be added to your plan payments without shortening the plan. After the plan is confirmed [approved by the Court] what happens with a refund depends how large the refund is. If the refund is less than $2,000.00, the Trustee will check to see if you are current on your plan payments and if you are not the Trustee will deduct as much as necessary from the refund to make you current and send the rest to you. If the refund is $4,000 or more the Trustee will file a Motion to Modify your plan to add the money to your plan without shortening your plan. If the amount is more than $2,000.00 but below $4,000.00 the Trustee will ask you why the refund is so large and either file a Motion to Modify your plan to add the money to your payments or will send the refund on to you. e. Report of Necessary Changes 6. Confirmation Hearing Approximately 5 days prior to the date set for your confirmation hearing the Trustee will send out his report listing things the Trustee thinks needs to be changed in order for the plan to be proper. 7. Results of the Confirmation hearing a. Order Confirming the plan b. Order denying confirmation of the plan (1) First denial (2) Second denial (3) Third denial (see also: What is chapter13?, What happens in a chapter 13?, Reasons to file chapter 13 rather than chapter 7)
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