Office of Chapter 13 Trustee Rebecca R Garcia

FAQ

Debtors

What do I need to know about my 341 Meeting of Creditors?

You recently filed a Chapter 13 Bankruptcy petition and received notice of your 341 meeting. The following is a list of your obligations for the meeting. Failure to comply with any of these provisions may result in dismissal of your case, with a 180 day bar against re-filing under any chapter of the Bankruptcy Code. If you have any questions you should contact a qualified attorney to assist you.

If you need directions to your meeting location, click here.

1. Photo Identification: You must present valid photographic evidence of your identification. Acceptable forms include: Wisconsin Driver's license or State Identification card, passport, or military identification card. Expired cards are not acceptable.

2. Social Security Number: You must present valid proof of your Social Security number. Acceptable forms of proof are: Social Security card, original paystub (not a photocopy), W-2 or 1099 forms from your employer or employer issued health care card with number on it.

3. Tax Returns: You must file your tax returns each year and tender a copy of your filed tax returns (both state and federal) to the trustee in a timely manner. It is a requirement of your bankruptcy that you submit a copy of your most recent tax returns to the trustee at or before your 341 meeting of creditors.

4. Plan Payments: Your first payment is due 30 days from the date your petition was filed (prior to 10/17/05 the first payment was due 30 days from the date your plan was filed). Payments must be in the form of a certified check or money order and they must include your name and case number on them. All payments must be mailed to the Trustee's mailing address of P O Box 1102 in Memphis TN 38101-1102 and be made payable to Chapter 13 Trustee.

Payments can also be made electronically by clicking the Epay link at the top of the page. You must have a checking or savings account to use Epay.

5. Post-Petition Mortgage Payments: All mortgage payments that came due after the date the petition was filed are to be paid directly to the mortgage company unless otherwise specified in your plan.

6. Debtor Engaged in Business: If you are self-employed or if you are an independent contractor you must submit business reports to the trustee as well as copies of the last 2 years of tax returns and six months of bank statements.

7. Your Spouse: If this is a joint filing both debtors must appear and comply with the above requirements.

8. Translator: If you need a translator you must bring one - this will not be supplied for you.

How do I make payments on my plan? Do you accept electronic payments?

Your Chapter 13 payments should be made payable to Chapter 13 Trustee and you should include your name and case number on your payment and mail it to:

Payment Address: 
P.O. Box 1102
Memphis, TN 38101-1102

All payments should be in the form of a money order, cashier's
check, or bank check. No personal checks should be sent.

We also accept electronic payments at www.ch13oshkosh.com/epay

What if I get laid off from work or have some disability?

Unexpected situations such as loss of wages or disability may affect your ability to comply with your plan. If you experience a problem making your plan payments, you must contact your attorney immediately. It may be possible for your attorney to make adjustments to your plan. It also may be possible for you to convert your case into a Chapter 7. It is important to remember that the Trustee's office has no authority to allow you to miss a payment or to let you pay less than what your plan provides. An order approving confirmation of your plan binds you to make all required payments. If you simply stop making payments into your plan the Trustee will seek dismissal of your case. You also have the right to ask the Court, through your attorney, to dismiss your case if you no longer want to remain in bankruptcy.

Can I pay off my Chapter 13 bankruptcy early

Chapter 13 plans must pay 100% or pay all disposable income for the applicable commitment period. If you want to pay your case off before the applicable commitment period then you need to pay 100%. If you want to pay off in excess of the applicable commitment period, then you can complete the plan by paying disposable income for the period that you have been in. For example, if a debtor has a 10% plan with a needed to complete figure of $100.00, he has to pay the $100.00 plus copies of tax returns and 1/2 of the net refund for the years the plan has been in effect to complete his case. If a debtor has a five year, 100% plan, the completion date is figured from the date of confirmation. If a debtor has a five year, less than 100% plan, the date of completion is figured from the date of the first payment.

I need to buy a different car - how can I do this?

The trustee will need a letter in writing from you including the cost of the replacement vehicle, the down payment and where that will come from, the monthly payments, the interest rate, and a current budget showing your current income and expenses (click here for budget forms). You should also be in compliance with all requirements of your confirmed Chapter 13 plan including the receipt of tax returns and ½ of the net refund received, if any for each year the Chapter 13 bankruptcy has been in effect as well as being current with your Chapter 13 payments to the trustee. If there are any other additional requirements, such as the filing of monthly business reports with the trustee, you need to be in compliance with those as well. Once the trustee has this information and can review it, he will make a decision to you in writing or by way of telephone or fax communication. If you are represented by counsel the trustee needs a letter from counsel.

I need to obtain a loan - how can I do this?
This type of call will be handled the same way as the above. You should contact your attorney if you are represented by one and work with your attorney in submitting in writing your current budget, the reason for the loan, what the interest rate would be and how soon you would pay the loan off. 
What do I need to do if I move?
You need to fill out a change of address form and file it with the Bankruptcy Court (517 East Wisconsin Avenue in Milwaukee, WI 53202). It is very important that we have your current address at all times so that we can send you forms and letters. The only way we will know what your current address is will be if you fill out the change of address form and send it to the Court. 
What if I want to sell my property?
If you wish to sell your home or any other property contact your attorney. You likely will not be able to dispose of any property without Court approval or approval of the Trustee.

 

Creditors

When will I receive payments? Can I be paid electronically?

You will only receive a payment if you file a proof of claim . Our office makes disbursements on confirmed cases once each month and we mail those disbursement checks out within 10 business days. If you sign up to receive electronic payments from our office you will receive the payment within two days of our disbursement.

To sign up go receive electronic payments please fill out this form.

How much money will I receive?

The funds on hand are disbursed on a pro rata basis based on the amount of your claim in connection with the other claims in the specific class (secured, priority, unsecured) unless an amount was set in the debtor's schedules filed by his attorney with the Bankruptcy Court indicating a certain creditor should receive a set payment each month. We disburse to the secured and priority creditors first before any unsecured creditors. After all secured and priority creditors are paid in full then we start disbursements to the unsecured creditors on a pro rata basis

Can I receive a set monthly figure?

A secured claimant can receive a set monthly payment if the debtor or debtor's attorney and the creditor wishing the set monthly figure is providing for the monthly payment in the plan.

What if I want the mailing address changed for my payment?

You must file a change of creditor address form and submit this to the Court for filing. We must have something in writing from you filed with the court before we can change the mailing address of your payments.

What if another company buys out the loan from us?

You must file a transfer of claim form which can be found in the Bankruptcy Court web site. We must have a copy of this transfer form before we can transfer your claim to another party.

Questions not answered here? Try the NACTT Website for more answers.