CHAPTER 13 CLIENTS | BANKRUPTCY PROCESS
For Tran Singh LLP, easing the burden of the bankruptcy process by providing valuable resources and information to our clients, is a top priority. We endeavor to accomplish that by making as much valuable information available online to you 24/7.
For our Chapter 13 clients, we have summarized below certain of the bankruptcy process steps, to be read in conjunction with the Chapter 13 Bankruptcy Timeline, of which you should be aware, including deadlines, responsibilities, obligations and additional information, requirements and resources.
For our Chapter 13 clients, we have summarized below certain of the bankruptcy process steps, to be read in conjunction with the Chapter 13 Bankruptcy Timeline, of which you should be aware, including deadlines, responsibilities, obligations and additional information, requirements and resources.
PROCESS AND STEPS BEFORE FILING FOR CHAPTER 13 BANKRUPTCY
As illustrated in the Chapter 13 Bankruptcy Timeline, the initial process and steps before filing for Chapter 13 Bankruptcy are as follows:
- Schedule Initial Consultation
- Pre-Consultation Documentation and Information
- Attend Initial Consultation Meeting
- Establish MyCase Client Portal Account
- Complete Pre-Filing Mandatory Credit Counseling
- Return Outstanding Documentation and Information to Complete Preparation of Required Bankruptcy Filings
- Following the Preparation of the Required Bankruptcy Filings, Client Returns to Review and Sign Bankruptcy Filings
- Bankruptcy Petition, Schedules, Statement of Financial Affairs and Chapter 13 Plan Filed
REGISTER FOR ACCESS TO THE NATIONAL DATA CENTER
The National Data Center is a comprehensive data source for Chapter 13 bankruptcy cases and claims. Pursuant to §§ 1302(b)(1) and 704(7) of the Bankruptcy Code, your Chapter 13 Trustee has a duty, unless otherwise ordered by the bankruptcy court, to furnish information concerning the administration of your bankruptcy case as is requested by parties in interest. In furtherance of this duty, the Chapter 13 Trustee will make the following information available to parties in interest who request such information
1. Your name, address, bankruptcy case number, state and district in which your case is pending and the trustee assigned to your case. Your social security number will not be visible to parties in interest, but they will be able to search for your bankruptcy case using the last four digits of your social security number. Furthermore, your employer’s name will not be displayed.
2. Information regarding claims filed against your bankruptcy case including the identity of the claimant, the type of claim (e.g., priority taxes, secured, unsecured, etc.), and the amount of the claim.
3. A history of all payments you make to the Chapter 13 Trustee in your bankruptcy case, including the date and amount of each payment.
4. A history of all disbursements made by the Chapter 13 Trustee in your bankruptcy case, including the date of the disbursement, the payee and the amount.
You may review, without charge, the information about your Chapter 13 bankruptcy case that is posted on the Internet. If you believe the information about your bankruptcy case is inaccurate, you can contact your Chapter 13 Trustee to report the error.
To register for your account, you'll need the following:
We encourage you to register for this free service which provides valuable information.
1. Your name, address, bankruptcy case number, state and district in which your case is pending and the trustee assigned to your case. Your social security number will not be visible to parties in interest, but they will be able to search for your bankruptcy case using the last four digits of your social security number. Furthermore, your employer’s name will not be displayed.
2. Information regarding claims filed against your bankruptcy case including the identity of the claimant, the type of claim (e.g., priority taxes, secured, unsecured, etc.), and the amount of the claim.
3. A history of all payments you make to the Chapter 13 Trustee in your bankruptcy case, including the date and amount of each payment.
4. A history of all disbursements made by the Chapter 13 Trustee in your bankruptcy case, including the date of the disbursement, the payee and the amount.
You may review, without charge, the information about your Chapter 13 bankruptcy case that is posted on the Internet. If you believe the information about your bankruptcy case is inaccurate, you can contact your Chapter 13 Trustee to report the error.
To register for your account, you'll need the following:
- Your full name
- Your bankruptcy case number
- The last four digits of your social security number
- Your Chapter 13 Trustee's name
- A creditor name from the list of creditors in your bankruptcy case, so it would be helpful to have your bankruptcy petition and schedules available
We encourage you to register for this free service which provides valuable information.
National Data Center | Debtor Registration
TAX RETURNS
In accordance with § 1308(a) of the Bankruptcy Code, all Chapter 13 debtors are required to file all required federal tax returns for tax periods ending within 4 years of the debtor's bankruptcy filing. All such federal tax returns must be filed with the IRS before the date first set for the first meeting of creditors (341 Meeting).
In accordance with § 521(e)(2)(A) of the Bankruptcy Code, all Chapter 13 debtors must provide the Chapter 13 Trustee copies of the 2 most recent years of the debtor's federal tax returns no later than 7 days before the first meeting of creditors (341 Meeting).
Failure to timely file tax returns can prevent confirmation of a Chapter 13 Plan and result in either dismissal of the Chapter 13 case or conversion to a Chapter 7 case.
To obtain a tax return transcript, please see the options below:
In accordance with § 521(e)(2)(A) of the Bankruptcy Code, all Chapter 13 debtors must provide the Chapter 13 Trustee copies of the 2 most recent years of the debtor's federal tax returns no later than 7 days before the first meeting of creditors (341 Meeting).
Failure to timely file tax returns can prevent confirmation of a Chapter 13 Plan and result in either dismissal of the Chapter 13 case or conversion to a Chapter 7 case.
To obtain a tax return transcript, please see the options below:
- Online—Go to www.irs.gov/transcript to download a copy of your tax return transcript immediately.
- Mail—You can elect the option to Get Transcript by Mail at www.irs.gov/transcript or complete and mail either a Form 4506-T, Request for Transcript of Tax Return, or Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript.
- Call—1-800-908-9946 and follow the voice prompts.
- In Person—You can also file your unfiled federal tax returns at any of the following offices:
Houston (Downtown) |
Monday—Friday 8:30 a.m. to 4:30 p.m. |
Office Information (281) 721-7021 |
Make Appointment (844) 545-5640 |
|
Houston (NW) |
Monday—Friday 8:30 a.m. to 4:30 p.m. |
Office Information (713) 209-5499 |
Make Appointment (844) 545-5640 |
|
Houston (SE) |
Monday—Friday 8:30 a.m. to 4:30 p.m. |
Office Information (281) 721-7021 |
Make Appointment (844) 545-5640 |
|
Houston (SW) |
Monday—Friday 8:30 a.m. to 4:30 p.m. |
Office Information (281) 721-7021 |
Make Appointment (844) 545-5640 |
CHAPTER 13 PLAN PAYMENTS
All Chapter 13 filers are required to make monthly payments to the Chapter 13 Trustee assigned to your case. The first of these Chapter 13 Plan payments is required to be paid NO LATER THAN 30 DAYS following the filing of your Bankruptcy Petition, and every 30 days thereafter until your Chapter 13 Plan has concluded. Failure to make adequate and timely payments may result in your case being dismissed. A dismissal of your case could require you to wait at least 180 days before you are eligible to file a second petition.
If you are a wage or salary employee, you will be required to be on a wage order such that your Chapter 13 Plan payments are made through automatic payroll deductions. A considerable portion of Chapter 13 bankruptcy cases filed each year fail, largely due to an individual's failure to make Chapter 13 Plan payments to the Chapter 13 Trustee pursuant to the terms of the Chapter 13 Plan. However, the success rate of an individual increases significantly in circumstances where Chapter 13 Plan payments are made in accordance with a wage order. A wage order entered by the Bankruptcy Court directs an employer to deduct from the individual's paycheck, as a payroll deduction, an amount equal to the Chapter 13 Plan payments, which are forwarded to the Chapter 13 Trustee appointed to administer your Chapter 13 Plan.
Please note that one or more pay periods may elapse before your Chapter 13 Plan payments are automatically deducted from your paycheck. Remember it is your responsibility alone to make monthly payments to your Chapter 13 Trustee. Therefore, until you see the Chapter 13 Plan payment being automatically deducted from your paycheck, you are required to make payments directly to your Chapter 13 Trustee. Please use the links below to be directed to your Chapter 13 Trustee's ePay:
If you are a wage or salary employee, you will be required to be on a wage order such that your Chapter 13 Plan payments are made through automatic payroll deductions. A considerable portion of Chapter 13 bankruptcy cases filed each year fail, largely due to an individual's failure to make Chapter 13 Plan payments to the Chapter 13 Trustee pursuant to the terms of the Chapter 13 Plan. However, the success rate of an individual increases significantly in circumstances where Chapter 13 Plan payments are made in accordance with a wage order. A wage order entered by the Bankruptcy Court directs an employer to deduct from the individual's paycheck, as a payroll deduction, an amount equal to the Chapter 13 Plan payments, which are forwarded to the Chapter 13 Trustee appointed to administer your Chapter 13 Plan.
Please note that one or more pay periods may elapse before your Chapter 13 Plan payments are automatically deducted from your paycheck. Remember it is your responsibility alone to make monthly payments to your Chapter 13 Trustee. Therefore, until you see the Chapter 13 Plan payment being automatically deducted from your paycheck, you are required to make payments directly to your Chapter 13 Trustee. Please use the links below to be directed to your Chapter 13 Trustee's ePay:
- David G. Peake
- Tiffany D. Castro
FILING FEE INSTALLMENTS
If the court has entered an order approving an "Application for Individuals to Pay the Filing Fee in Installments" in your case, you will be required to make the payments in accordance with such order. The entire filing fee of $313.00 must be paid no later than 120 days after filing your bankruptcy petition. Customarily, these filing fee installments are aligned with your Chapter 13 Plan payments; however, the filing fee installments must be paid to the bankruptcy court, not your Chapter 13 Trustee. Please remember that the filing fee installment payments are not included in your Chapter 13 Plan payment, these payments are in addition to your Chapter 13 Plan payment.
Typically, for a Chapter 13 bankruptcy case, you will be required to pay filing fee installments in 4 payments of $78.25 to the bankruptcy court. To ensure timely payment of your filing fee installments, you may either:
Typically, for a Chapter 13 bankruptcy case, you will be required to pay filing fee installments in 4 payments of $78.25 to the bankruptcy court. To ensure timely payment of your filing fee installments, you may either:
- Send your payment which can only be made via money order or cashier's check (personal checks, cash or other forms of payment will not be accepted), payable to "Clerk of Court." Write your case number or social security number on the money order or cashier's check. Mail the money order or cashier's check to the following: United States Courthouse, 515 Rusk Street, 5th Floor, Attention: Clerk of Court, Houston, Texas 77002. We highly recommend that you keep records of your filing fee installments, including copies of the form of payment and date mailed.
- Or, alternatively, download, complete, sign and return the Debit Card Authorization Form to authorize Tran Singh LLP to deduct the filing fee installment from your debit card for payment to the bankruptcy court. Should your banking information change from what you provide in the Debit Card Authorization Form prior to the payment in full of all of your filing fee installments, you MUST complete a new Debit Card Authorization Form and notify our office immediately, but in no event later than your next filing fee installment payment date.
Failure to make adequate and timely payments may result in your case being dismissed. A dismissal of your case could require you to wait at least 180 days before you are eligible to file a new bankruptcy case.
HEARING TO EXTEND OR IMPOSE THE AUTOMATIC STAY
Pursuant to § 362 of the Bankruptcy Code, filing a Chapter 13 bankruptcy petition "automatically stays" (stops) most collection actions against the debtor or the debtor's property. Filing the petition does not, however, automatically stay certain types of actions under § 362(b) of the Bankruptcy Code, and the stay may be effective only for a short time in certain situations. The automatic stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.
If you have been a debtor in a prior bankruptcy case which was dismissed within the year prior to the filing of your Chapter 13 bankruptcy case, the automatic stay will terminate within 30 days of the filing of the new bankruptcy case, unless and until a Motion to Extend the Automatic Stay is filed with the bankruptcy court within 30 days of the filing of the new bankruptcy case, and the bankruptcy court grants the Motion to Extend the Automatic Stay within 30 days of the filing of your new bankruptcy case.
If you have been a debtor in two or more bankruptcy cases dismissed within the last year, no automatic stay goes into effect and no automatic stay will go into effect unless and until a Motion to Impose the Automatic Stay is filed with the bankruptcy court within 30 days of the filing of the new bankruptcy case, and the bankruptcy court grants the Motion to Impose the Automatic Stay within 30 days of the filing of your new bankruptcy case. Please note that unless and until you persuade the court to extend the stay, your creditors may proceed against you as if no bankruptcy case was filed.
Accordingly, the bankruptcy court will likely schedule a hearing on the Motion to Extend the Automatic Stay or Motion to Impose the Automatic Stay, whichever is applicable to you, and you will be required to attend such hearing.
If you have been a debtor in a prior bankruptcy case which was dismissed within the year prior to the filing of your Chapter 13 bankruptcy case, the automatic stay will terminate within 30 days of the filing of the new bankruptcy case, unless and until a Motion to Extend the Automatic Stay is filed with the bankruptcy court within 30 days of the filing of the new bankruptcy case, and the bankruptcy court grants the Motion to Extend the Automatic Stay within 30 days of the filing of your new bankruptcy case.
If you have been a debtor in two or more bankruptcy cases dismissed within the last year, no automatic stay goes into effect and no automatic stay will go into effect unless and until a Motion to Impose the Automatic Stay is filed with the bankruptcy court within 30 days of the filing of the new bankruptcy case, and the bankruptcy court grants the Motion to Impose the Automatic Stay within 30 days of the filing of your new bankruptcy case. Please note that unless and until you persuade the court to extend the stay, your creditors may proceed against you as if no bankruptcy case was filed.
Accordingly, the bankruptcy court will likely schedule a hearing on the Motion to Extend the Automatic Stay or Motion to Impose the Automatic Stay, whichever is applicable to you, and you will be required to attend such hearing.
PREPARING FOR YOUR MEETING OF CREDITORS | 341 MEETING
It is normal to feel apprehension surrounding your 341 Meeting. To help ease those worries, we’ve provided steps below to help you prepare for your 341 Meeting and to feel comfortable and confident at your 341 Meeting. In addition to those reminders provided below, we recommend that you review your bankruptcy schedules, which were filed with your bankruptcy petition, and sets forth, among others, your assets and liabilities, executory contracts and unexpired leases (if applicable), and income and expenses. On the day of your scheduled 341 Meeting, please be mindful to select appropriate clothing. Although your 341 Meeting will held via Zoom, an online virtual meeting platform, it is a legal proceeding and you should dress accordingly. Casual clothing such as t-shirts or sweatshirts are examples of the type of clothing that is frowned upon. Similarly, you should not wear a business suit or dress which will draw unnecessary attention. The best choice would be to select business casual clothing such as slacks and a collared shirt for men, and, for women, either pants or skirt with a conservative top. Additionally, we would recommend that any expensive jewelry be left at home and not worn or brought to your meeting. And, for electronic devices, we ask that if you cannot leave them at home, you keep them on silent, in your pocket or, for women, in your purse, until the conclusion of the 341 Meeting.
During the 341 Meeting we encourage you to relax. Remember that nearly every debtor who attends a 341 Meeting frequently observes that they were surprised that the process was quick and painless. Be sure to address the Chapter 13 Trustee with respect and listen carefully to his or her questions. If you find it helpful, use the notepad and pen you brought to write down the questions. Answer only the question asked and do not volunteer information. Do not try to explain or justify answers. If you don’t know the answer to a question, let your attorney assist you or speak for you. Most importantly—answer truthfully—you are under oath and being recorded. Do not make any agreement with the Chapter 13 Trustee prior to consulting with your attorney. At the conclusion of your 341 Meeting, be sure that you’ve written down any items that you will be required to provide to your Chapter 13 Trustee. Speak with your attorney before you leave to ensure you are aware of any responsibilities, in addition to those instructed by the Chapter 13 Trustee, that you may have.
Additionally, please refer to the Instructions for Joining a Zoom 341 Meeting of Creditors and Best Practices for Debtors Attending Virtual 341 Meeting of Creditors in advance of your 341 Meeting.
Your participation at the 341 Meeting is generally less than ten minutes. Creditors or other parties interested in your case rarely attend this meeting. By spending a few minutes preparing for your meeting, you can reduce your stress and ensure that your meeting goes smoothly.
During the 341 Meeting we encourage you to relax. Remember that nearly every debtor who attends a 341 Meeting frequently observes that they were surprised that the process was quick and painless. Be sure to address the Chapter 13 Trustee with respect and listen carefully to his or her questions. If you find it helpful, use the notepad and pen you brought to write down the questions. Answer only the question asked and do not volunteer information. Do not try to explain or justify answers. If you don’t know the answer to a question, let your attorney assist you or speak for you. Most importantly—answer truthfully—you are under oath and being recorded. Do not make any agreement with the Chapter 13 Trustee prior to consulting with your attorney. At the conclusion of your 341 Meeting, be sure that you’ve written down any items that you will be required to provide to your Chapter 13 Trustee. Speak with your attorney before you leave to ensure you are aware of any responsibilities, in addition to those instructed by the Chapter 13 Trustee, that you may have.
Additionally, please refer to the Instructions for Joining a Zoom 341 Meeting of Creditors and Best Practices for Debtors Attending Virtual 341 Meeting of Creditors in advance of your 341 Meeting.
Your participation at the 341 Meeting is generally less than ten minutes. Creditors or other parties interested in your case rarely attend this meeting. By spending a few minutes preparing for your meeting, you can reduce your stress and ensure that your meeting goes smoothly.
ATTENDING YOUR MEETING OF CREDITORS | 341 MEETING
During the meeting of creditors, often referred to as the 341 Meeting (derived from § 341 of the U.S. Bankruptcy Code), the Chapter 13 Trustee places the debtor under oath, and both the Chapter 13 Trustee and creditors may ask questions. Despite the name, creditors rarely attend the 341 Meeting. This meeting is recorded and conducted under oath and penalty of perjury. The debtor must answer questions regarding his or her financial affairs and the terms of the proposed Chapter 13 Plan. If a husband and wife file a joint petition, they must both attend the 341 Meeting and answer questions. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the 341 Meeting. The parties typically resolve problems with the Chapter 13 Plan, if any, either during or shortly after the 341 Meeting.
Consistent with any and all other hearing dates set for your case, you will be notified of the 341 Meeting by the bankruptcy court via first class mail. We will also notify you of this hearing date and it will appear as a calendared event in your MyCase Client Portal.
Failure to appear at the 341 Meeting may result in the dismissal of your case, which could require you to wait at least 180 days before you are eligible to file a second petition. If circumstances will prevent you from attending this meeting, contact your attorney immediately. Work or family commitments are not satisfactory excuses for missing your scheduled 341 Meeting.
All tax returns required to be filed with the Internal Revenue Service must have been filed, or be filed, prior to the date your 341 Meeting is held. Extensions with the Internal Revenue Service do not apply and there are absolutely no exceptions to this requirement. Failure to file your tax returns with the Internal Revenue Service will result in the dismissal of your case, which could require you to wait at least 180 days before you are eligible to file a second petition.
In preparation for your 341 Meeting, please review the § 341(a) Meeting Required Questions. The Chapter 13 Trustee shall ensure that the debtor answers the substance of each of the questions set forth therein on the record. The Chapter 13 Trustee may exercise discretion and judgment in varying the wording of the statements/questions, if the substance of the statements/questions is covered.
To join the virtual 341 Meeting, please choose your Chapter 13 Trustee below:
Consistent with any and all other hearing dates set for your case, you will be notified of the 341 Meeting by the bankruptcy court via first class mail. We will also notify you of this hearing date and it will appear as a calendared event in your MyCase Client Portal.
Failure to appear at the 341 Meeting may result in the dismissal of your case, which could require you to wait at least 180 days before you are eligible to file a second petition. If circumstances will prevent you from attending this meeting, contact your attorney immediately. Work or family commitments are not satisfactory excuses for missing your scheduled 341 Meeting.
All tax returns required to be filed with the Internal Revenue Service must have been filed, or be filed, prior to the date your 341 Meeting is held. Extensions with the Internal Revenue Service do not apply and there are absolutely no exceptions to this requirement. Failure to file your tax returns with the Internal Revenue Service will result in the dismissal of your case, which could require you to wait at least 180 days before you are eligible to file a second petition.
In preparation for your 341 Meeting, please review the § 341(a) Meeting Required Questions. The Chapter 13 Trustee shall ensure that the debtor answers the substance of each of the questions set forth therein on the record. The Chapter 13 Trustee may exercise discretion and judgment in varying the wording of the statements/questions, if the substance of the statements/questions is covered.
To join the virtual 341 Meeting, please choose your Chapter 13 Trustee below:
MANDATORY POST-FILING DEBTOR EDUCATION AND FINANCIAL MANAGEMENT COURSE
Approximately 45 days following your 341 Meeting, you must complete an approved debtor education and financial management course and file a certificate of completion with the court. To receive a discharge in a Chapter 13 bankruptcy, all debtors are required to take an approved education course, the goal of which is to educate you on making wise financial choices including budget preparation; money management; utilizing credit wisely and effectively; consumer protection laws and agencies; and dealing with unexpected financial difficulties. Please note that this debtor education and financial management course is in addition to the pre-bankruptcy credit counseling course you took prior to filing your bankruptcy petition.
If your Chapter 13 Trustee is David G. Peake, you may take the Debtor Education & Financial Management Course offered by the Office of David G. Peake. This Debtor Education & Financial Management Course is free and no pre-registration is required. You must bring valid photo identification and your bankruptcy case number. Please plan to arrive at least 30 minutes before the course to sign-in. No late attendance is accepted.
If your Chapter 13 Trustee is Tiffany D. Castro, you CANNOT take the debtor education course offered by David G. Peake.
We recommend the second course offered by DebtorEdu or Access Counseling, Inc., each of which can be accessed by clicking on the respective logo below.
If your Chapter 13 Trustee is David G. Peake, you may take the Debtor Education & Financial Management Course offered by the Office of David G. Peake. This Debtor Education & Financial Management Course is free and no pre-registration is required. You must bring valid photo identification and your bankruptcy case number. Please plan to arrive at least 30 minutes before the course to sign-in. No late attendance is accepted.
If your Chapter 13 Trustee is Tiffany D. Castro, you CANNOT take the debtor education course offered by David G. Peake.
We recommend the second course offered by DebtorEdu or Access Counseling, Inc., each of which can be accessed by clicking on the respective logo below.
DebtorEdu | Post-Filing Debtor Education
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Access Counseling, inc. | Post-Filing Debtor Education
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If you prefer to take a different course, please navigate to U.S. Department of Justice | U.S. Trustee's Office | List of Approved Providers of Personal Financial Management Instructional Courses by clicking on the logo below.
Approved Personal Financial Management Courses | UST | Department of Justice
Upon completion of your debtor education and financial management course, please provide your certificate of completion to us for filing with the bankruptcy court.
Upon completion of your debtor education and financial management course, please provide your certificate of completion to us for filing with the bankruptcy court.
PREPARING FOR YOUR CONFIRMATION HEARING
In anticipation of your Chapter 13 confirmation hearing, it is essential that you have completed each of the following in order for you to obtain confirmation of your Chapter 13 Plan:
To the extent that you have experienced difficulties in completing any of the items referenced above, please contact Tran Singh LLP at least 14 days prior to your scheduled confirmation hearing to ensure any and all outstanding issues are resolved.
It is essential that you locate and photocopy proof that you've made your Chapter 13 Plan payments. If your Chapter 13 Plan payments are being made through automatic payroll deductions, bring copies of your paychecks to the confirmation hearing. If your payments are being made through ACH deductions, please bring copies of your bank statement or other proof of payment.
We cannot stress to you how important it is that you stay current on your Chapter 13 Plan payments to your Chapter 13 Trustee beginning with your first payment. There is no grace period for your Chapter 13 Plan payments. If you fall behind on your Chapter 13 Plan payments, your case may be dismissed. A dismissal of your case could require you to wait at least 180 days before you are eligible to file a second petition.
- All Chapter 13 Plan payments that have come due since the filing of your Chapter 13 bankruptcy petition must have been paid to your Chapter 13 Trustee.
- If you obtained approval from the bankruptcy court to pay your filing fee in installments, such payments must have been made in accordance with the Order issued by the bankruptcy court.
- You must have attended your 341 Meeting.
- Your wage order or ACH payment arrangement must be in place and deducting your Chapter 13 Plan payment in accordance with the terms thereof.
- You must have filed any and all unfiled tax returns.
- If applicable, you must be current on all child support payments that have come due since the filing of your Chapter 13 bankruptcy petition.
To the extent that you have experienced difficulties in completing any of the items referenced above, please contact Tran Singh LLP at least 14 days prior to your scheduled confirmation hearing to ensure any and all outstanding issues are resolved.
It is essential that you locate and photocopy proof that you've made your Chapter 13 Plan payments. If your Chapter 13 Plan payments are being made through automatic payroll deductions, bring copies of your paychecks to the confirmation hearing. If your payments are being made through ACH deductions, please bring copies of your bank statement or other proof of payment.
We cannot stress to you how important it is that you stay current on your Chapter 13 Plan payments to your Chapter 13 Trustee beginning with your first payment. There is no grace period for your Chapter 13 Plan payments. If you fall behind on your Chapter 13 Plan payments, your case may be dismissed. A dismissal of your case could require you to wait at least 180 days before you are eligible to file a second petition.
CONFIRMATION HEARING
No later than 45 days after the 341 Meeting, the bankruptcy judge must hold a confirmation hearing and decide whether the Chapter 13 Plan is feasible and meets the standards for confirmation set forth in the Bankruptcy Code. Creditors will receive 28 days' notice of the confirmation hearing and may object to confirmation. While a variety of objections may be made, the most frequent ones are that payments proposed under the Chapter 13 Plan are less than creditors would receive if the debtor's assets were liquidated or that the Chapter 13 Plan does not commit all of the debtor's projected disposable income for the 3 or 5 year applicable commitment period set forth in the proposed Chapter 13 Plan.
If the bankruptcy court confirms the Chapter 13 Plan, the Chapter 13 Trustee will distribute funds received under the Chapter 13 Plan "as soon as is practicable." If the bankruptcy court declines to confirm the Chapter 13 Plan, the debtor may file a modified plan or may convert the case to a liquidation under Chapter 7. Occasionally, a change in circumstances may compromise the debtor's ability to make Chapter 13 Plan payments. For example, a creditor may object to a Chapter 13 Plan, or the debtor may inadvertently have failed to list all creditors. In such instances, the Chapter 13 Plan may be modified either before or after confirmation. Modification after confirmation is not limited to an initiative by the debtor, but may be at the request of the Chapter 13 Trustee or an unsecured creditor. Modification of a Chapter 13 Plan is discussed in more detail below.
The confirmation hearing is an actual hearing before the Bankruptcy Judge where the Chapter 13 Trustee makes a recommendation regarding the feasibility of your Chapter 13 Plan. If the Chapter 13 Trustee recommends confirmation, he or she is stating that your Chapter 13 Plan works, your budget is reasonable and you are paying all your projected disposable income into the Chapter 13 Plan.
To be eligible for confirmation, at a minimum, 1) all objections to your Chapter 13 Plan must be resolved; 2) all applicable tax returns must have been filed; 3) all domestic support obligations, to the extent applicable, must be current; 4) debtor education and financial management course must be completed and a certified filed with the bankruptcy court; and 5) the filing fee installments should be paid in full. If no objections to confirmation of your chapter 13 Plan are filed, or when all objections that may have been filed have been resolved, the Chapter 13 Trustee will begin sending payments to your attorney and creditors pursuant to your Chapter 13 Plan.
If the bankruptcy court confirms the Chapter 13 Plan, the Chapter 13 Trustee will distribute funds received under the Chapter 13 Plan "as soon as is practicable." If the bankruptcy court declines to confirm the Chapter 13 Plan, the debtor may file a modified plan or may convert the case to a liquidation under Chapter 7. Occasionally, a change in circumstances may compromise the debtor's ability to make Chapter 13 Plan payments. For example, a creditor may object to a Chapter 13 Plan, or the debtor may inadvertently have failed to list all creditors. In such instances, the Chapter 13 Plan may be modified either before or after confirmation. Modification after confirmation is not limited to an initiative by the debtor, but may be at the request of the Chapter 13 Trustee or an unsecured creditor. Modification of a Chapter 13 Plan is discussed in more detail below.
The confirmation hearing is an actual hearing before the Bankruptcy Judge where the Chapter 13 Trustee makes a recommendation regarding the feasibility of your Chapter 13 Plan. If the Chapter 13 Trustee recommends confirmation, he or she is stating that your Chapter 13 Plan works, your budget is reasonable and you are paying all your projected disposable income into the Chapter 13 Plan.
To be eligible for confirmation, at a minimum, 1) all objections to your Chapter 13 Plan must be resolved; 2) all applicable tax returns must have been filed; 3) all domestic support obligations, to the extent applicable, must be current; 4) debtor education and financial management course must be completed and a certified filed with the bankruptcy court; and 5) the filing fee installments should be paid in full. If no objections to confirmation of your chapter 13 Plan are filed, or when all objections that may have been filed have been resolved, the Chapter 13 Trustee will begin sending payments to your attorney and creditors pursuant to your Chapter 13 Plan.
POST-CONFIRMATION | CLIENT'S CONTINUING OBLIGATIONS AND RESPONSIBILITIES
The provisions of a confirmed Chapter 13 Plan bind the debtor and each creditor. Once the bankruptcy court confirms the Chapter 13 Plan, the debtor must make the Chapter 13 Plan succeed. Primarily, success is achieved by making Chapter 13 Plan payments in full and timely either by payroll deduction, through an ACH order or by making payments directly to your Chapter 13 Trustee, which will require adjustment to living on a fixed budget for a prolonged period. While confirmation of a Chapter 13 Plan entitles the debtor to retain property as long as payments are made, the debtor may not incur new debt without consulting the Chapter 13 Trustee, because additional debt may compromise the debtor's ability to complete the Chapter 13 Plan.
Accordingly, we have compiled a list of important information you must be aware of to have a successful bankruptcy. We recommend you refer to these throughout your Chapter 13 bankruptcy.
1. You cannot incur any new debt (unless medical or other emergency) without permission from your Chapter 13 Trustee. If you need to take out a loan, your attorney will be required to seek approval from the bankruptcy court and/or the Chapter 13 Trustee on your behalf, which will incur additional legal expenses.
2. Your Chapter 13 Plan payment must be paid timely every month until the conclusion of your Chapter 13 Plan. If your payment is not received on time, your case may be dismissed. It is your responsibility to contact the Chapter 13 Trustee, or take other action to confirm that the payment has been received. Following confirmation of your Chapter 13 Plan, if for any reason you cannot make the ENTIRE Chapter 13 payment in any given month, you will pay AS MUCH AS YOU CAN and make up the amount missed as soon as possible. If your Chapter 13 Plan payments are more than 30 days delinquent, the Chapter 13 Trustee will file a Motion to Dismiss and you will incur additional legal fees and your case may be dismissed.
3. If you have a grace period on your mortgage payment due date prior to the filing of your Chapter 13 bankruptcy, it is no longer in effect.
4. During your Chapter 13 bankruptcy case, you will be required to continue to pay the property taxes and any homeowners association assessments that come due after your Chapter 13 bankruptcy case is filed, and it remains your responsibility to make these payments, regardless of whether you receive a bill.
5. During your Chapter 13 bankruptcy case, your creditors, including the secured creditors that you will continue to make payments to (if applicable), may cease sending billing statements; however, you remain obligated to make the payments as outlined in your Chapter 13 Plan as direct pay.
6. If you do not make direct payments to your secured creditors, or provide proof of insurance, the creditor may file a Motion to Relief from Stay, which requests that the creditor be given permission to foreclose or repossess, even though you are still in bankruptcy. This motion will require your attorney to file a response and attend a hearing, of which the outcome is uncertain, and you may be charged additional attorneys' fees for both the secured creditor and Tran Singh LLP.
7. You must maintain full-coverage insurance on all secured items (e.g. financed vehicles, mortgaged real property, etc.) until the items are paid in full.
8. It is highly recommended and encouraged that you maintain records of your Chapter 13 Plan payments, mortgage payments and any other payments you will be making directly to a secured creditor. If a dispute arises regarding any of these payments, your case may be seriously disadvantaged and may be dismissed if you do not have records of all payments.
9. If you receive a "Motion for Relief from the Automatic Stay," or any other pleading from the bankruptcy court or a creditor that you do not understand, you must contact your attorney immediately with documentation of payments that you have made, or details of your specific circumstances giving rise to such pleading.
10. You must always keep your current address and telephone number on file with Tran Singh LLP during your Chapter 13 bankruptcy case. If your attorney cannot reach you, he/she will not be able to respond to any motions or adverse actions filed against you in your Chapter 13 bankruptcy case.
11. If you receive a windfall, inheritance, win the lottery or if your income changes by more than 10% during your Chapter 13 bankruptcy case, you have an obligation to notify your attorney. Your attorney will notify the Chapter 13 Trustee, who may seek to modify your Chapter 13 bankruptcy case to increase the payments made thereunder. Any increases or changes to expenses could also be considered.
12. If your income decreases, or if your expenses increase, or if other things happen during your Chapter 13 bankruptcy case that affect your ability to make your Chapter 13 Plan payments or mortgage payments, it may be possible to modify the Chapter 13 Plan to reduce payments; however, it may require the surrender of some of your property, or other sacrifice, and will incur additional attorneys' fees.
13. It is essential that you try not to spend money unless necessary, and live frugally, so that you can successfully complete your Chapter 13 Plan. This may require, among other things, an adjustment to your living expenses, modification of your budget and more attention to and wiser decisions regarding management of your money. Though unexpected circumstances may arise, and you may face difficulties, if you remain committed to the Chapter 13 Plan, upon successful completion, you will have forged a path to regaining control of your finances.
14. You may convert your Chapter 13 bankruptcy case into a Chapter 7 bankruptcy case at any time; however, this may result in a loss of your property, non-discharge of tax debt, or other unfavorable results and the incurrence of additional attorneys' fees.
15. You must notify your attorney before selling any real estate. Such transaction may require approval from the bankruptcy court and could take 6 weeks or longer to obtain. Should you desire to move forward with such a request, you will be charged additional fees for seeking court approval.
16. If you decide to sell your homestead and you do not purchase a new homestead within 6 months, the Chapter 13 Trustee may retain all of the proceeds from the sale of the homestead.
17. If you are self-employed or a business owner, the Chapter 13 Trustee may require you to meet his accountant to review your budget and all other business issues. Failure to comply with this request by the Chapter 13 Trustee will result in the dismissal of your Chapter 13 bankruptcy case.
18. You must notify Tran Singh LLP in writing if for any reason you consult another attorney, file a claim or enter into a lawsuit on any matter, such as, among other things, a car accident, personal injury, employment discrimination, medical malpractice or any other reason.
19. If you decide to cash out a 401(k) or any retirement account and you do not roll such funds into another 401(k) account within 6 months, the Chapter 13 Trustee may recover all of the proceeds that were withdrawn from your 401(k) retirement account.
Accordingly, we have compiled a list of important information you must be aware of to have a successful bankruptcy. We recommend you refer to these throughout your Chapter 13 bankruptcy.
1. You cannot incur any new debt (unless medical or other emergency) without permission from your Chapter 13 Trustee. If you need to take out a loan, your attorney will be required to seek approval from the bankruptcy court and/or the Chapter 13 Trustee on your behalf, which will incur additional legal expenses.
2. Your Chapter 13 Plan payment must be paid timely every month until the conclusion of your Chapter 13 Plan. If your payment is not received on time, your case may be dismissed. It is your responsibility to contact the Chapter 13 Trustee, or take other action to confirm that the payment has been received. Following confirmation of your Chapter 13 Plan, if for any reason you cannot make the ENTIRE Chapter 13 payment in any given month, you will pay AS MUCH AS YOU CAN and make up the amount missed as soon as possible. If your Chapter 13 Plan payments are more than 30 days delinquent, the Chapter 13 Trustee will file a Motion to Dismiss and you will incur additional legal fees and your case may be dismissed.
3. If you have a grace period on your mortgage payment due date prior to the filing of your Chapter 13 bankruptcy, it is no longer in effect.
4. During your Chapter 13 bankruptcy case, you will be required to continue to pay the property taxes and any homeowners association assessments that come due after your Chapter 13 bankruptcy case is filed, and it remains your responsibility to make these payments, regardless of whether you receive a bill.
5. During your Chapter 13 bankruptcy case, your creditors, including the secured creditors that you will continue to make payments to (if applicable), may cease sending billing statements; however, you remain obligated to make the payments as outlined in your Chapter 13 Plan as direct pay.
6. If you do not make direct payments to your secured creditors, or provide proof of insurance, the creditor may file a Motion to Relief from Stay, which requests that the creditor be given permission to foreclose or repossess, even though you are still in bankruptcy. This motion will require your attorney to file a response and attend a hearing, of which the outcome is uncertain, and you may be charged additional attorneys' fees for both the secured creditor and Tran Singh LLP.
7. You must maintain full-coverage insurance on all secured items (e.g. financed vehicles, mortgaged real property, etc.) until the items are paid in full.
8. It is highly recommended and encouraged that you maintain records of your Chapter 13 Plan payments, mortgage payments and any other payments you will be making directly to a secured creditor. If a dispute arises regarding any of these payments, your case may be seriously disadvantaged and may be dismissed if you do not have records of all payments.
9. If you receive a "Motion for Relief from the Automatic Stay," or any other pleading from the bankruptcy court or a creditor that you do not understand, you must contact your attorney immediately with documentation of payments that you have made, or details of your specific circumstances giving rise to such pleading.
10. You must always keep your current address and telephone number on file with Tran Singh LLP during your Chapter 13 bankruptcy case. If your attorney cannot reach you, he/she will not be able to respond to any motions or adverse actions filed against you in your Chapter 13 bankruptcy case.
11. If you receive a windfall, inheritance, win the lottery or if your income changes by more than 10% during your Chapter 13 bankruptcy case, you have an obligation to notify your attorney. Your attorney will notify the Chapter 13 Trustee, who may seek to modify your Chapter 13 bankruptcy case to increase the payments made thereunder. Any increases or changes to expenses could also be considered.
12. If your income decreases, or if your expenses increase, or if other things happen during your Chapter 13 bankruptcy case that affect your ability to make your Chapter 13 Plan payments or mortgage payments, it may be possible to modify the Chapter 13 Plan to reduce payments; however, it may require the surrender of some of your property, or other sacrifice, and will incur additional attorneys' fees.
13. It is essential that you try not to spend money unless necessary, and live frugally, so that you can successfully complete your Chapter 13 Plan. This may require, among other things, an adjustment to your living expenses, modification of your budget and more attention to and wiser decisions regarding management of your money. Though unexpected circumstances may arise, and you may face difficulties, if you remain committed to the Chapter 13 Plan, upon successful completion, you will have forged a path to regaining control of your finances.
14. You may convert your Chapter 13 bankruptcy case into a Chapter 7 bankruptcy case at any time; however, this may result in a loss of your property, non-discharge of tax debt, or other unfavorable results and the incurrence of additional attorneys' fees.
15. You must notify your attorney before selling any real estate. Such transaction may require approval from the bankruptcy court and could take 6 weeks or longer to obtain. Should you desire to move forward with such a request, you will be charged additional fees for seeking court approval.
16. If you decide to sell your homestead and you do not purchase a new homestead within 6 months, the Chapter 13 Trustee may retain all of the proceeds from the sale of the homestead.
17. If you are self-employed or a business owner, the Chapter 13 Trustee may require you to meet his accountant to review your budget and all other business issues. Failure to comply with this request by the Chapter 13 Trustee will result in the dismissal of your Chapter 13 bankruptcy case.
18. You must notify Tran Singh LLP in writing if for any reason you consult another attorney, file a claim or enter into a lawsuit on any matter, such as, among other things, a car accident, personal injury, employment discrimination, medical malpractice or any other reason.
19. If you decide to cash out a 401(k) or any retirement account and you do not roll such funds into another 401(k) account within 6 months, the Chapter 13 Trustee may recover all of the proceeds that were withdrawn from your 401(k) retirement account.
MODIFICATION OF A CONFIRMED CHAPTER 13 PLAN
At any time after confirmation of a Chapter 13 Plan, but prior to the completion of payments thereunder, the Chapter 13 Plan may be modified, upon request of the debtor, the Chapter 13 Trustee, or the holder of an allowed unsecured claim. A modification is an adjustment to a confirmed Chapter 13 Plan that must be approved by the Bankruptcy Judge. Once your Chapter 13 Plan is confirmed, a change in circumstances may compromise your ability to make Chapter 13 Plan payments. Such situations may make it necessary to request an adjustment to your Chapter 13 Plan, such as 1) interruption of income; 2) claims from your creditors coming in for higher dollar amounts than anticipated causing your Chapter 13 Plan to be deficient; 3) increase in your monthly payments due to an increase in income.
If you have a change in circumstances, please contact us immediately to discuss your options.
If you have a change in circumstances, please contact us immediately to discuss your options.
CHAPTER 13 DISCHARGE
A Chapter 13 debtor is entitled to a discharge upon completion of all payments under the Chapter 13 Plan so long as the debtor: 1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; 2) has not received a discharge in a prior case filed with a certain time frame, being 2 years for prior Chapter 13 bankruptcy cases and 4 years for prior Chapter 7, 11 and 12 cases; and 3) has completed an approved course in financial management. The bankruptcy court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor's homestead exemption.
As a general rule, the discharge releases the debtor from all debts provided for by the Chapter 13 Plan or disallowed, with the exception of certain debts as more particularly described in the Bankruptcy Code and for which you should consult your attorney for a more detailed explanation. Creditors provided for in full or in part under the Chapter 13 Plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations. Debts not discharged in Chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. To the extent that they are not fully paid under the Chapter 13 Plan, the debtor will still be responsible for these debts after the Chapter 13 bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable.
Approximately 6 months prior to your anticipated Chapter 13 discharge, Tran Singh LLP will contact you in connection with the requirements necessary to obtain your Chapter 13 discharge.
As a general rule, the discharge releases the debtor from all debts provided for by the Chapter 13 Plan or disallowed, with the exception of certain debts as more particularly described in the Bankruptcy Code and for which you should consult your attorney for a more detailed explanation. Creditors provided for in full or in part under the Chapter 13 Plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations. Debts not discharged in Chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. To the extent that they are not fully paid under the Chapter 13 Plan, the debtor will still be responsible for these debts after the Chapter 13 bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable.
Approximately 6 months prior to your anticipated Chapter 13 discharge, Tran Singh LLP will contact you in connection with the requirements necessary to obtain your Chapter 13 discharge.