FREQUENTLY ASKED QUESTIONS
CHAPTER 13
CHAPTER 13
CHAPTER 13

 

Frequently Asked Questions About Payments To The Trustee

When do I need to begin making payments to the trustee?

Where do I send my payments?

What form must the payments be in?

Is there a grace period for payments due to the trustee?

Can the trustee's office change the payment due date to a date which is more convenient to my pay schedule?

I cannot make my payment this month and my attorney told me to call the trustee's office to work something out. Can I make two payments or make a partial payment next month?

The debtor filed a modified Plan which provides for lower (or higher) payments. Will the court enter another Pre-Confirmation Order with the new payment amount?

If I'm current in payments to the trustee and a hearing is scheduled on an Order to Show Cause or Trustee's Motion to Dismiss because of past delinquencies, do I (or my attorney) have to go to the hearing?

The court said that I have to be current in payments to the trustee by the first of the month. Can I have until the fifteenth?

The court ordered that I pay adequate protection to one of my secured creditors, which I did not anticipate when I filed my chapter 13 Plan. Can I just go ahead and subtract that amount from my payment to the trustee?

May I please have the amount necessary to pay off my chapter 13 case in full?

Can you send me a report showing all payments received by the trustee and disbursed to creditors?

My chapter 13 case was just dismissed (or converted to chapter 7). When is the trustee going to return my money?

I am participating in the automatic debit program and would like to skip a payment. Can I skip one payment and restart debiting the following month?

I am participating in the trustee's automatic debit program and my payment and/or bank account information just changed. Can you take my changes over the phone?

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Answers To Questions About PaymentsTo The Trustee

When do I need to begin making payments to the trustee?

Within seven to ten days of your submitting a signed chapter 13 Plan to the court you will receive a Pre-Confirmation Order from the court indicating when to begin making payments, where to send the payments, and the amount of the payments. You will also receive a letter from the trustee providing the same information.

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Where do I send my payments?

Mail your payments to the following address:
Chapter 13 Trustee, Jon M. Waage
P.O. Box 260
Memphis, TN 38101-0260
Do not bring or mail your payments to the trustee's office. This will only delay your account being credited.

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What form must the payments be in?

Personal checks will not be accepted by the trustee. Under no circumstances are you to mail a payment in cash. The trustee will accept money orders, cashier checks and certified checks. Money orders being available from numerous locations such as 7-11, AMSCOT etc. are the most common source used to send payments to the trustee. The trustee also offers an automatic debit payment program that will automatically debit the debtor's bank account. The form for this program is located on the 'FORMS' page. If a debtor desires to participate in this program he/she will first have to complete and return an authorization form to our office which will allow us to process the debit. The debtor will have a choice of which date the debit will take place, either the 5th or the 17th of each month. If at any time the debtor's payment amount changes, the debtor will need to send us something in writing stating that we have his/her permission to debit the new payment each month. This notification must be received by our office at least ten (10) days prior to the payment due date.

Click on this link for : Auto Debit forms and Instructions

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Is there a grace period for payments due to the trustee?

a) All payments are due within 30 days from the date of filing.

b) Each bankruptcy judge differs in his interpretation of the Bankruptcy Code and the trustee endeavors to follow the ruling of each judge.

c) When a question arises, please review any relevant orders and call the Accounting Department in the trustee’s office.

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Can the trustee's office change the payment due date to a date which is more convenient to my pay schedule?

No, all payments are due within 30 days from the date of filing. The only way to change the due date for your payment is to have your payment automatically debited from your checking account each month (either on the 5th or the 17th ). Please call the Accounting Department for further information.

Click on this link for :Auto Debit forms and Instructions

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The debtor filed a modified Plan which provides for lower (or higher) payments. Will the court enter another Pre-Confirmation Order with the new payment amount?

The answer is no, unless the debtor takes another step to lower the payments.

a) The act of amending a Plan does not trigger the entry of another Pre- Confirmation Order. A Motion to Amend the Pre-Confirmation Order may be filed with the court.

b) If the trustee consents, the court may enter an agreed order reducing the pre-confirmation payments, otherwise the matter will be set for a hearing.

c) In general, the trustee does not object to amending the Pre-Confirmation Order.

d) If you intend to file a Motion to Amend the Pre-Confirmation Order, please be specific as to the amount and the effective date of the new payments. Also, please be sure to send the trustee’s office a copy of the motion.

e) No motion is required to increase the chapter 13 Plan payment. Just send a note along with the increased payment telling the Accounting Department that the payment corresponds to the Amended Plan.

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If I'm current in payments to the trustee and a hearing is scheduled on a Trustee's Motion to Dismiss because of past delinquencies, do I (or my attorney) have to go to the hearing?

You may check the status of the debtor(s) payments on the internet, using the "trustee13.com" website or link to this information via the trusteeship's office website at "tampa13.com".

NEITHER THE TRUSTEE NOR ANYONE ON HIS STAFF WILL TELL ANY DEBTOR OR ATTORNEY NOT TO ATTEND A HEARING.

In cases where the trustee is not requesting the case to be dismissed with prejudice for one hundred eighty (180) days, and the debtor is current in payments prior to the scheduled hearing on the matter, the court will always enter the standard order which states, in part, that in the event the debtor thereafter becomes more than thirty (30) days delinquent in payments to the trustee, the trustee shall submit an order dismissing the case without further notice or hearing.

a) If the debtor is truly current at the time of the hearing, the trustee will simply state on the court record that the debtor is current in payments to the trustee and that the court will enter a standard order which reserves ruling on the trustee's motion.

b) If the debtor is not current in payments at the time of the hearing, the Judge may specify a date for the debtor(s) to have their account current.

c) If the account is not brought current, the court will enter an order dismissing the case. If the hearing is set for an Order to Show Cause with Prejudice, the debtor(s) and their attorney should always appear to defend their case if they do not want it dismissed with prejudice.

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The court said that I have to be current in payments to the trustee by the first of the month. Can I have until the fifteenth?

The answer is no. The trustee cannot change the ruling of the court. For further information call the Accounting Department.

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The court ordered that I pay adequate protection to one of my secured creditors, which I did not anticipate when I filed my chapter 13 Plan. Can I just go ahead and subtract that amount from my payment to the trustee?

The answer is no.

a) The Pre-Confirmation Order will need to be amended and, therefore, a Motion to Amend Pre-Confirmation Order must be filed with the court. If the trustee consents, the court may enter an agreed order reducing the pre-confirmation payments, otherwise the matter will be set for a hearing.

b) In general, the trustee does not object to amending the Pre-Confirmation Order given that the Plan will not be confirmed unless the Plan is adequately funded and meets all of the requirements for confirmation.

c) If you intend to file a Motion to Amend the Pre-Confirmation Order, please be specific as to the amount and the effective date of the new payments. Also, please be sure to send the trustee’s office a copy of the motion.

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May I please have the amount necessary to pay off my chapter 13 case in full?

a) Yes, if your chapter 13 Plan has already been confirmed, you may call our office at any time for an approximate payoff of your bankruptcy.

b) However, if you are ready to pay the bankruptcy in full and need an exact payoff, you must write to the Case Auditing Department at the trustee's office and request a payoff. Please keep in mind that we will ask for an explanation as to the source of the funds on an early payoff.


c) A payoff figure will generally be provided within thirty-five business days, however, delays do occur.

d) Click on this link for: Payoff request form

 

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Can you send me a report showing all payments received by the trustee and disbursed to creditors?

Yes. We send out reports showing payments received and monies disbursed semi-annually, however, any debtor or their attorney may call or write at any time and request a Status Report.

PLEASE NOTE: OUR OFFICE MUST HAVE THE DEBTOR'S PERMISSION TO RELEASE ANY INFORMATION TO A THIRD PARTY.

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My chapter 13 case was just dismissed (or converted to chapter 7). When is the trustee going to return my money?

a) If the chapter 13 Plan was not confirmed prior to a dismissal, any moneys held by the trustee, less the trustee's fees, attorney fees and/or adequate protection payments will be returned to the debtor at least fourteen (14) days after the court enters the Order of Dismissal.

b) If the chapter 13 Plan was confirmed prior to the dismissal, any moneys received by the trustee prior to the entry of the Order of Dismissal will be disbursed to creditors pursuant to the Order Confirming Plan; any moneys received by the trustee following the entry of the Order of Dismissal will be returned to the debtor after fourteen (14) days;

If the chapter 13 case is converted (either by the debtor or the court) to a case under chapter 7, any moneys held, less the trustee's fees, attorney fees and\or adequate protection payments will be returned to the debtor or forwarded to the Chapter 7 Trustee pursuant to the Order Converting.

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I am participating in the trustee's automatic debit program and would like to skip a payment. Can I skip one payment and restart debiting the following month?

No. You can choose at any time to voluntarily stop the automatic debit. However once it is voluntarily stopped it cannot be reactivated. If you decide to discontinue this program you must send us either a termination form or a letter informing us you wish to stop the automatic debits.

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I am participating in the trustee's automatic debit program and my payment and/or bank account information just changed. Can you take my changes over the phone?

No. You must send us the changes in writing with either a new voided check or a letter from the bank verifying the new account infromation. These changes must be received at least ten (10) days prior to when the automatic debit is due to come out of your account.

PLEASE NOTE: FOR ALL DEBTORS THAT ARE PARTICIPATING IN THE AUTOMATIC DEBIT PROGRAM - IN THE EVENT THERE IS A CHANGE IN THE PAYMENT THROUGHOUT THE LIFE OF THE PLAN IT IS THE DEBTOR(S) RESPONSIBILITY TO PROVIDE OUR OFFICE WRITTEN CONSENT AUTHORIZING US TO DEBIT THE NEW PAYMENT AMOUNT EACH MONTH. IN ADDITION, IF THE DEBTOR VOLUNTARILY DISMISSES OR CONVERTS THEIR CASE THEY MUST NOTIFY US IN WRITING TO TERMINATE THESE DEBITS.

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