1. OFFICE OF THE CHAPTER 13 TRUSTEE DEBTOR ORIENTATION HANDBOOK
“STRIVING FOR FINANCIAL STABILITY THROUGH EDUCATION”
FRANK M. PEES
STANDING TRUSTEE

2. Time in Plan is like a Journey
FINANCIAL
SECURITY

3. United States Bankruptcy Code
Debtors
Trustee
Creditors
Court

4. Types of Bankruptcies
Chapter 7
Chapter 11
Chapter 12
Chapter 13

5. People Involved in Bankruptcy
Debtor
Individual or Family filing a bankruptcy
Need to file accurate paperwork with
the court listing your debts,assets,
income and expenses
Chapter 13 Trustee
Reviews all paperwork
Conducts 341 hearing
Makes recommendation
to Court as to whether
case should be confirmed
Receives your payments
Pays your creditors
Will ask for case to be
dismissed if no payments
Attorney
Advises you on everything concerning
your bankruptcy
Files your paperwork
Appears at hearings
Negotiates with Creditors
Court/Judge
Resolves dispute between
you and your creditors
Can confirm, dismiss or
convert your case
Grants all discharges
Creditors
3 Types of Creditors: Type determines
how they are paid in plan

6. Case Number 05-56779 05-Year that your case was filed
5-Jurisdiction where it was filed
6779-Uniquely yours

7. Plan Payments: All Payments go directly to a bank lock box for posting, not to the trustee’s office
Wage Order: Employer
deducts payment from
paycheck & sends it to the
lock box. You are
responsible for making
payments until wage order
takes effect. If in doubt,
check with the employer &
with Trustee’s office
Direct Payment:
Permitted only in certain
circumstances. Must be made
by cashier’s check or money
order with name & case
number clearly printed on it
& mailed to lock box.

8. It takes time, but its worth it!
Type & Length of Plan
Base Plan- Pays 100% on
secured & priority debts &
the highest percentage
possible on unsecured debts.
Plan length is five years
100% Plan- Pays all filed
claims in full as designated in
the plan. Is considered a
completed plan whenever
this is accomplished, within
five years
It takes time, but its worth it!

9. I.R.S You must timely file your taxes each year
If you owe IRS in the plan & are due a refund, you will not receive the refund. It will be applied to your IRS debt & the Trustee’s office will be notified to reduce the balance owed.
If you do not owe IRS in you plan & are due a refund, you will receive it. It will not go to the Trustee. You will not, however, be eligible for an electronic refund.
Anything to do with your taxes will be handled by the Special Procedures Dept.

10. CYA Remember to…… (Call Your Attorney)
If you want to sell anything of Value (house, car, boat, etc.
If you want to incur debt
If you receive a “lift stay” or any legal papers by mail or hand delivery
If you change jobs
If you are unable to make your plan payment
If you have any legal questions concerning your case (The trustee, including his staff, cannot give you legal advice.)

11. Automatic Stay Automatic Stay Stay Lift Repossession,
Foreclosure and all
Creditor contact has to
stop
Stay Lift
Try to take
away stay

12. Re-establishing your credit
Plan will help you
to re-establish your
credit
If you do not pay utilities,
cable, telephone, etc. on time
it will be harder to do so.
The Trustee’s Office will help you on a case by
case basis.

13. Mortgage Companies YOU
Mortgage Companies take stays seriously, but remember
that a stay means a creditor cannot contact you.
This does not mean that
YOU
cannot contact them.
Contact your mortgage company once a year to make sure
that you are current on your mortgage
Don’t let this happen
to you
forclosure

14. Things to remember
Establish a “file 13”…a real one! Keep all paperwork pertaining to your plan in on secure place.
Mail or fax written notification of any change of address. Also, notify your attorney.
Notify both the trustee & your Attorney if you change jobs.
Maintain insurance on home & vehicles, make timely payments on your home file taxes on time & make plan payments on time
If you are making mortgage payments on your home, contact your mortgage company annually, or have your attorney do so, to make sure there have been no changes in the payment or escrow amount due.