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Chapter 13 Client Additional Information

Calendar your 341 Meeting of Creditors so that you do not miss the hearing. It is YOUR responsibility to attend this hearing. This hearing is mandatory and failure to attend this hearing may result in the dismissal of your case. Make sure that you arrive at least 30 minutes before your hearing. Cell phones are not allowed in the federal building so leave these in your case. You will also need to present your photo ID and proof of social security number at the hearing.

The majority of Chapter 13 cases are written to extend over a 5 year period. This is the maximum amount of time you are allowed to remain in a Chapter 13 case. During the course of those five years many situations will arise which relate to your Chapter 13 case. Below are a number of common questions and scenarios that come up over the course of a Chapter 13 bankruptcy. Please read EACH one carefully.

Remember that it is up to you to monitor your case and read all documents sent by the court and our office. We cannot make your case work without your help. Below are links to the Chapter 13 Trustee’s web sites. Please take the time to visit these sites for updated information related to your Chapter 13 case.

The Chapter 13 Trustee CANNOT give you legal advice (this is what we do and why you are paying us) so remember to direct ALL questions regarding your case to our office. We are here to help you through this process so use us!

Before Your 341 Meeting of Creditors Hearing

Calendar your 341 Meeting of Creditors so that you do not miss the hearing. It is YOUR responsibility to attend this hearing. This hearing is mandatory and failure to attend this hearing may result in the dismissal of your case. Make sure that you arrive at least 30 minutes before your hearing. Cell phones are not allowed in the federal building so leave these in your case. You will also need to present your photo ID and proof of social security number at the hearing.

Atlanta Bankruptcy Court

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Gainesville Bankruptcy Court

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Rome Bankruptcy Court

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Getting Your Case Approved

After the hearing is conducted you will receive the trustee’s written objections in the mail. DO NOT PANIC if you see that the trustee is “moving to dismiss your case .” This is a standard letter that goes out. We are also served a copy of this letter so that we can ensure that all issues are resolved prior to confirmation.

Complete all tasks given to you by the attorney from our office ASAP in preparation for your confirmation hearing. You need to schedule an appointment to come into the office to review these objections WITHIN one week of your hearing. Please contact Krista at info@saedilawgroup.com to schedule your appointment to review.

If you run a business and the Chapter 13 Trustee has set a special business 341 meeting of creditors please make sure that you have complete the business questionaire sent to you by the trustee AT LEAST 1 WEEK PRIOR to the hearing. You must also submit a photocopy of this information to our office at least 1 week prior to your hearing date.

MOST IMPORTANT THINGS TO REMEMBER ABOUT GETTING YOUR CASE APPROVED!
All of your taxes must be caught up within 2 weeks after filing the case or your case will be dismissed by the trustee.
Make sure ALL trustee payments are made. Your trustee payment is due every 30 days from the date your case is FILED.
If you have a mortgage you MUST provide proof that you have paid ALL mortgage payments since your case was FILED.
Nancy J. Whaley
Chapter 13 Trustee
SunTrust Plaza Garden Offices
303 Peachtree Center Ave, Suite 120
Atlanta, GA 30303

Phone: (678) 992-1201
Fax: (678) 992-1202

http://www.njwtrustee.com

Make a payment to your trustee online: https://stionlineepaymanager.suntrust.com/custom_cm/ebpp_register_m.asp?xs_ext=NWHALEYCH13

Mary Ida Townson
Chapter 13 Trustee
191 Peachtree Street
Suite 2200
Atlanta, Georgia 30303

Phone:404.525.1110
Fax: 404.522.4448

http://www.atlch13tt.com

Make a payment to your trustee online: https://53.billerdirectexpress.com/ebpp/townson/

Adam M. Goodman,
Chapter 13 Trustee
260 Peachtree St N.W.
Suite 200
Atlanta, GA 30303

Phone:(678) 510-1444
Fax:(678) 510-1450

http://www.13trusteeatlanta.com

Make a payment to your trustee online: https://53.billerdirectexpress.com/ebpp/goodman/

After Your Case Has Been Approved

Once your case is approved there are 5 things you must do:

1. Make your monthly trustee payment.
2. If your trustee is Adam Goodman or Nancy Whaley please submit a copy of your tax return to the trustee AND our office once they are filed each year.
3. Review the claims filed in your case to ensure that the claims are correct.
4. Make all mortgage payments that come due and save a copy of each payment.
5. Complete the second credit counseling course and confirm with our office that it has been filed.

Issues That Can Come Up In Your Case

Most cases span for 60 months and within that time frame issues can come up in your case that required additional action.

I have changed jobs…

The court requires that your monthly payment be taken directly from your paycheck . In the event that you change jobs you will need to notify our office so that another Employer Deduction Order can be entered. While the court understands that some jobs have a 90 day probationary period after that time the court will require and Employer Deduction Order. Failure to comply with this order can result in the dismissal of your case.

I received a Motion to Dismiss my case from my Trustee…..

A Motion to Dismiss is filed for usually two reasons:

1. You have fallen behind on your trustee payments AND/OR

2. The claims filed by your creditors have come in higher than anticipated and because of this your Chapter 13 Plan is running over the allowed 60 months. (The maximum amount of time you are allowed to remain in a Chapter 13 is 60 months)

If you have fallen behind on your payments to the court you will have to bring your payments current by time of the hearing date or else the court will dismiss your case for failure to comply with your Chapter 13 Plan.

If your claims have come in higher than anticipated please call our office immediately so that we may review these claims with you to determine if the claims are valid. If you believe that a claim is not correct YOU MUST PROVIDE OUR OFFICE WITH WRITTEN PROOF of the correct amount before we can object to the amount.

I received a Motion for Relief From Stay from my mortgage company/car company…. .

CHAPTER 13 CASES:

If you received the Motion for Relief from the Mortgage Company and you : READ the Motion and see what months the mortgage company is claiming that they have not received payments. You should know what months you have not paid. You should also have records of all payments made to the mortgage company since filing.

Please contact Yolanda Hood (yhood@saedilawgroup.com) in our office at: 404-889-8663 to resolve this motion without your appearance in court.

If you have fallen behind on your mortgage payments you MUST come up with the arrears in order to retain your home. Contact our office BEFORE the hearing date so that we can try to work out an arrangement with the mortgage company and avoid a court appearance.

If you do not come up with the money to catch up your mortgage then the automatic stay will be lifted and your mortgage company will be allowed to take action against your property.

PLEASE NOTE THAT YOU WILL INCUR ADDITIONAL ATTORNEY FEES FOR ALL MOTIONS FILED AFTER YOUR CASE IS CONFIRMED.

CHAPTER 7 CASES:

If you are in a Chapter 7 case you do NOT need to attend your hearing because you are not reorganizing your mortgage arrears through your case. If you intend to keep your home in Chapter 7 then you need to keep making your payments. If you are letting the property go then this hearing will allow the mortgage to start foreclosure proceedings to take back their asset.

I received a letter in the mail regarding a late-filed claim…..

All of your creditors have a deadline in which to file a claim and get paid in your case. If a creditor files AFTER the deadline then we can object to their claim being paid since they missed the deadline. However, we must have your permission SO when you receive the letter CALL OUR OFFICE to let us know if you want us to object to the claim. These objections are VERY time sensitive so you MUST call us ASAP when you receive notice of a late filed claim.

PLEASE NOTE: If the late filed claim is for SECURED goods then we can still object to paying the claim in your case but when you case is over the creditor can repossess their property. So if you want to keep your property you will allow the claim to be filed with no objection.

I have had an unexpected situation arise (illness, job loss, divorce) and may be unable to make my Chapter 13 payments for a couple of months….

If you have been in your Chapter 13 case FOR AT LEAST a year and a situation arises in which you know you will be unable to make your trustee payments please click on the applicable link below.

We can them file the appropriate motion with the court to request a payment suspension. DO NOT WAIT UNTIL YOU ARE ALREADY LATE TO CONTACT US. Contact us IMMEDIATELY when you realize that you be unable to make your payments. Please note that there is NO guarantee that this motion will be granted since each case must be judged on its own merits.

I want to sell my house….

Current Chapter 13 Clients Who Want to Sell Their Home:

Clients who wish to sell their home must fax over a contract to sell with a closing date set 45 days of from the date of the contract. In addition you must also provide us with the following information:

How much earnest money has been put down and WHO is holding it
HUD-1 Statement
Copy of the sale contract
Who the proceeds of the sale shall be paid to (this should be the Chapter 13 Trustee)
How much are the real estate commission fees and to whom are they to be paid to.
How much will be paid for filing fees and attorney’s fees (closing costs)
Principal balance on the mortgage.

DO NOT HAVE YOUR REAL ESTATE AGENT CALL US. THIS CAN BECOME CONFUSING AND CAUSE A DELAY IN PROCESSING YOUR PAPERWORK. YOU NEED TO GET THE INFORMATION FROM THE AGENT AND PROVIDE IT TO US. WE DO NOT DEAL WITH REAL ESTATE AGENTS.

Once we have received all the necessary paperwork we will file a motion to sell and request a hearing to obtain approval for the sale of your home.

If you motion to sell is approved then the proceeds will be paid to your case and any excess funds after your case is paid off will be paid directly to you.

I want to refinance my mortgage….

Current Chapter 13 Clients Who Want to Refinance Their Home :

Clients who wish to refinance their mortgage must file a Motion to Incur Debt since this is a new loan.

Please provide our office the proposed terms and HUD statement. The closing statement must be set out 45 days.

DO NOT HAVE YOUR REAL ESTATE AGENT CALL US. THIS CAN BECOME CONFUSING AND CAUSE A DELAY IN PROCESSING YOUR PAPERWORK. YOU NEED TO GET THE INFORMATION FROM THE AGENT AND PROVIDE IT TO US. WE DO NOT DEAL WITH REAL ESTATE AGENTS.

I want to buy a vehicle……

Current Chapter 13 Clients Who Want to Incur Debt :

If you wish to incur a debt such as purchasing a car you will need to provide the proposed financing agreement with all purchase terms. A motion will be filed if approved the process will take approximately 3-4 weeks.

I inherited/came into some money…

By law you are required to pay all additional money received into your Chapter 13 case. The funds will be applied to your case (i.e. paying off the debts you owe) and if there are any excess funds available the trustee will cut you a check for that portion. Please contact our office immediately if this situation arises.

I have a pending lawsuit…

Any pending legal actions MUST be disclosed on your bankruptcy petition. Failure to do some may result in you being forced to forfeit your recovery to the Chapter 13 Trustee. Please notify your attorney immediately if you retain an attorney for ANY matter.

The bankruptcy court must approve your attorney in order for your attorney to recieve payment for their work on your case. In addition, once a settlement is reached, this settlement must also be approved by the bankruptcy court.

Please have your counsel download the forms below and return to our office so that we may file them with the bankruptcy court:

My car was totalled in a car accident…

If you car is totalled in an auto accident and you are covered by auto insurance, the insurance company will pay off any outstanding claims for the totalled car in your bankruptcy. If for some reason you receive a check from the insurance company you MUST pay these funds directly your Chapter 13 Trustee so that the money can be applied to the outstanding debt. Failure to do so can have serious consequences and is a violation of the law.

What is a consent order?…

A consent order is an order that is entered into after negotiation by your attorney and the party that filed a motion against you. Typically these orders are entered into after a creditor has filed a Motion for Relief from Stay against you for falling befind on your mortage payments or the Chapter 13 Trustee has filed a Motion to Dismiss your case because you have fallen befind on your trustee payments.

These orders are a memorialized agreement with the creditor or trustee that you will make your payments on time and cure any balances that are owed to them. In the event that you default (do not do what you are supposed to do) then a default order will be entered and you the stay can be lifted from your case or your case can be dismissed all togather.

Whenever you receive a notice of a motion against you please contact our office immediately so that we can attempt to negotiate a consent order and avoid a court appearance for you.

The Chapter 13 Trustee took my tax refund …

Once you file for bankruptcy protection from your creditors any excess income over that listed in your initial budget filed with the court MUST be paid to the Chapter 13 Trustee so that he or she may pay your unsecured creditors off. The trustee is not keeping your money for themselves but simply paying off your bills.

Although a motion to retain a tax refund can be filed by our office IF you have an emergency need for the funds THAT CAN BE DOCUMENTED you will be charged a fee by our office for this motion and it may or may not be granted by the judge. In addition a court hearing will have ot be set and you will be required to attend such hearing.

Motion to Incur Debt

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If you need to incur debt please click on this file to submit the information to the firm.

Suspend Payments

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If you need to suspend your trustee payments please click on this file to submit the information to the firm.

Need to Add Creditor to Case

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If you need to add a creditor to your case please complete this form to submit the required information and pay the fee.

Approve Loan Modification

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If you have been granted a loan modification please click here so we can get this approved with the court. Your lender will require this order.

Application for Special Counsel

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If you have retained an attorney on another matter they must be approved by the bankruptcy court. Please have them complete this form.

Motion to Retain Tax Funds

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If you are required to submit our tax refund to the trustee but need to keep it for a necessary living expense please click here to make this request.