Chapter 13 Info

William K. Stephenson Jr., Chapter 13 Trustee

1825 Blanding Street, Columbia, SC 29201

Chapter 13 Information

Text Box: WHAT YOU SHOULD KNOW ABOUT YOUR CHAPTER 13 CASE Brief answers to most questions that come up while under a Chapter 13 Plan. Read completely to understand your obligations and responsibilities. Click here to print a copy of the debtor booklet. (You must have Adobe Reader installed on your computer. Click here to download Adobe Reader)
TABLE OF CONTENTS
Chapter 13 Payments First payment date
Payroll deductions
Payment obligations
Inability to make payments temporarily
Failure to make payments Creditor Information Contact from creditors
Payments to creditors by the Trustee
Creditor proofs of claim:
Late claims
Creditors not listed or improperly listed
How creditor claims are paid Questions or Concerns Regarding Completing your chapter 13 plan
Cosigner protection
Purchase or sale of house or car or other property
Debtor Education/Financial Counseling Certification
Final Chapter 13 payment
No obligation to stay in Chapter 13 bankruptcy
Effect on credit rating
Calls from creditors after completion of the plan
Filing income tax returns Important Points to Know About Mortgage payments
Alimony or child support payments (Domestic Support Obligations)
Income tax returns
Accurate bankruptcy information
Your attorney Chapter 13 is one method under the Bankruptcy Code to obtain relief from your creditors while at the same time providing a fair means to pay them back as much as you can. It allows you to keep some or all of your property during the time you are paying your creditors back, and it permits you to modify some contract payments and interest rates. Your plan can eliminate late charges and penalties and allows you to extend payments on some of your debts. Chapter 13 has gained widespread acceptance across the country as an attractive alternative to Chapter 7 bankruptcy. DO YOU KNOW YOUR CASE NUMBER? At the time your Chapter 13 petition was filed, the Bankruptcy Clerk assigned the case a number. This number is very important. You will need it whenever you write to the Trustee’s office or when you make a payment to the Trustee. Under the rules of the Bankruptcy Court, your attorney must continue to appear and represent you for as long as your case is active or until the Judge allows your attorney to withdraw from your case. If you ever have a question concerning your case, a creditor, your rights, or your options, you should make it a rule to ask your attorney first. Be sure that you and your attorney have discussed fully whether additional legal services during your plan will cost you more money, or whether the initial fee with cover all legal services. If you ever want to obtain a new attorney, an Order must be entered by the Court appointing a new attorney and relieving your prior attorney. Some examples of your attorney’s responsibilities and to: 1. Ensure that all secured debts are valid.
2. Handle disputes with your creditors.
3. Attend the meeting of creditors.
4. Appear at any other court hearing in conjunction with your case.
5. Assist you in overcoming any obstacles that may arise during the course of your plan by filing any necessary documents. This includes, but is not limited to, suspension of payments, Motions to obtains credit, and Motions to buy or sell a car or house. DO WE HAVE YOUR CORRECT ADDRESS? You must keep us advised of your current mailing address for as long as you are under Chapter 13. The address on your petition will be used for all notices, correspondences, and reports. You must advise the Trustee’s office, your attorney, and the Bankruptcy Court in writing of your new address. CALLS TO THE TRUSTEE’S OFFICE The office is open for calls five days a week from 9:00am-12:00pm and from 1:30pm-4:30pm. If you have a question which your attorney cannot answer, you may wish to ask the Trustee by writing a letter with your case number and question. If you cannot wait for a written response, you may call the Trustee’s office during the office hours. Do not feel that you have to talk personally with the Trustee; the staff is familiar with the policies and guidelines under Chapter 13 and is well qualified to discuss with you any problems or questions that may arise. The Trustee and the Trustee’s staff cannot give any legal advice, however, and encourage you to direct all legal questions to your attorney. Notice Is Hereby Given That Information Relating to Your Chapter 13 Bankruptcy Case Will Be Made
Available On The Internet To Your Creditors And Other Parties In Interest In Your Case. THE TRUSTEE DOES NOT PROVIDE YOUR CASE INFORMATION TO THE GENERAL PUBLIC. Pursuant to 11 U.S.C. § 1302(b)(1) and 704(7), 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 requested by creditors and 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 your social security number. Also, your employer’s name will not be displayed. 2) Information regarding claims fi led in your bankruptcy case, including the identity of the claimant, the type of claim (i.e., priority taxes, secured, unsecured, etc.), and the amount of the claim. 3) A history of all payments, including the date and amount of each payment you make to your Chapter 13 Trustee, and a history of all disbursements including the date of the disbursement, the payee, and the amount, made by your Chapter 13 Trustee. 4) Your case information will not be displayed and cannot be viewed by the general public. Case information is limited to creditors and parties in

Attorney Responsibility

WHAT DOES YOUR ATTORNEY DO?

Introduction to Chapter 13 Bankruptcy

WHAT IS CHAPTER 13 BANKRUPTCY?