William K. Stephenson Jr., Chapter 13 Trustee

1825 Blanding Street, Columbia, SC 29201

Chapter 13 FAQ
Text Box: WHAT IS A BASE PLAN? Unless you agree to pay your creditors 100%, your plan is considered a base plan. In your plan you agree to make monthly payments for a specific number of months. Your plan payment multiplied by the number of months determines the base amount you are required to pay. Even if some creditors do not file claims this base amount will not change. WHEN MY PLAN IS COMPLETED, HOW WILL I GET MY CAR TITLE FROM MY LIEN HOLDER?   Most lien holders can be depended upon to promptly release their liens and turn over the titles they have retained. However, if more than 30 days lapse after the granting of your discharge and you still have not received the title, you may ask that we send the lien holder a letter asking that you be sent the title. If the title is still not forthcoming, you should contact your attorney for assistance.   CAN MY PAYMENT BE LOWERED OR MAY I SKIP OR POSTPONE A PAYMENT?   Your required plan payment cannot be lowered by the Trustee; the plan payment can be lowered only by a formal modification of your plan filed by your attorney. Also, the Trustee has no authority to allow you to skip or postpone a plan payment.  You will need to contact your attorney to accomplish this.   I FILED A 36 MONTH PLAN.  MORE THAN 36 MONTHS HAVE PASSED.  WHY MUST I CONTINUE TO MAKE PAYMENTS?   It is not unusual for a plan to exceed the exact number of months it was originally scheduled to run.  There are several reasons for this other than compensation and interest paid.  It often happens that a creditor files for a larger amount than you thought you owed.  Further, interest rates may be changed, or you may have forgotten a creditor which must be added to your plan.  It is most important to remember that the length is a close approximation at the beginning of your plan.  The length is dependent on many factors which may change during the course of your plan.  You may contact the Trustee's office if you have questions concerning your plan's length. No plan is allowed to exceed sixty (60) months, the time limit for completion allowed by the Court.  If this situation exists in your original plan, the Trustee will object to confirmation of the plan.  If it occurs or is discovered after the plan has been confirmed, the Trustee will file a motion that the case be dismissed.  Your attorney can help you in resolving this problem.   HOW LONG WILL IT TAKE TO STOP MY PAYORDER ONCE MY CASE IS COMPLETE?   It is the Trustee's policy to cease payroll deductions as quickly as possible when a plan is completed.  This is done during the month when the Trustee reviews a list of cases that are completed or nearing completion.  However, to ensure that the Trustee has paid all claims filed by creditors with the Bankruptcy Court, a review of the Court's records is performed.  On rare occasions, the court may receive a claim which the Trustee did not and, therefore, did not pay.  Any additional claims will be scheduled for payment according to the terms of the Order Confirming the Plan.  As soon as all claims are paid in full, the Trustee will notify your employer to stop the payroll deduction.  Usually, there is a delay in processing these instructions, and your employer may remit one or two additional payments.  These funds will be returned to you in full, without deduction of the normal Trustee fee.   HOW DO I GET A PAYOFF ON MY CASE?   Please request a payoff in writing to our correspondence address, PO Box 8477 Columbia SC 29202.  Please give us 15 days to respond.   IF I WANT TO BUY A CAR, REFINANCE OR SELL MY HOME, WHAT DO I DO?   When in bankruptcy you need Court's permission to buy, sell, lease, trade or refinance and you would need to contact you attorney.   HOW CAN I LOWER MY PLAN PAYMENT?   You would need to contact your attorney.   CAN I SKIP A PLAN PAYMENT?   No, you are not allowed to skip payments as your case my be petitioned for dismissal.   MY CAR WAS TOTALED IN AN ACCIDENT, WHAT DO I DO?   Call you attorney and/or the trustee's office.   WHEN WILL MY PAY ORDER START?   You would need to contact your employer.   WHERE DO I MAIL MY PLAN PAYMENT?   Make payable to: William K. Stephenson, Jr. Trustee, PO Box 280