FAQs
Attorneys (4)
The National Data Center can be utilized to calculate changes to a plan. Please contact our office for training if you do not know how to use Plan Calc.
Please see the Forms section of this site for the Stipulation Adjourning 341. Note that this must be submitted with enough time to provide notice.
There are too many conflicting answers to this question for us to provide a policy position. It falls in the category of legal advice, which our office cannot provide.
Effective October 1, 2024, the US Trustee Program has established the Trustee Fee for cases administered by David Ruskin at 8.5%. This amount can fluctuate during the course of a fiscal year as well as during the life of a Plan. We encourage the use of a 10% fee when calculating cases to account for fluctuations during the life of the Plan.
Debtors (23)
Yes it is possible to lease or buy a vehicle but you must get the court’s permission. Please contact our attorney to start the process.
The law requires you list all of your assets and all of your debts. The Chapter 13 Plan should mention all debts and whether it is being paid through the Trustee or being paid by you directly. If you pay a creditor “outside” of the Plan they may get double payments because your Plan should be paying them. Please see your attorney for more information.
Only if you repay your creditors 100%. Please contact your attorney for more information.
The only thing an attorney has to sell is their time. Problems will occur if you are not clear from the beginning about how your attorney will bill you. All fees must be disclosed in a Chapter 13 Plan. After your case is filed attorney fees must be paid by Order of the court and through the Trustee. Your attorney must file a request with the court for payment of attorney fees and a copy of that request must be sent to you and all creditors. The request for attorney fees must include the date services were rendered, what was done, how long it took and the billing rate. If you object to the amount of attorney fees being requested please send letter to the Judge’s clerk with your name, case number and a brief statement of your concern. They understand you are not attorneys and the Judge will set a hearing. You will be able to attend and let the Judge know why the fees should not be paid.
Yes. Any gift of substantial money must be disclosed. It doesn’t matter where the money came from – it has to be disclosed. Contact your attorney.
There are too many conflicting answers to this question for us to provide a policy position. It falls in the category of legal advice, which our office cannot provide.
All sources of income need to be included in your Plan. If you change to retirmement income during the Plan then you will need to modify your Plan. Contact your attorney to start this process.
About 3-5 business days.
After terms of your Plan have been completed we review and audit your case. We send a Notice of Completion to the court stating that all payments have been made. Remember to file your second certificate of counseling with the court as well as the Domestic Support Affidavit. The Court will enter a Discharge thirty days after the Notice of Completion has been sent to the court. Failure to file the second Educational certificate and the Domestic Support Affidavit can cause a delay, or can even result in the Court closing the case without issuing a Discharge. Please contact your attorney for more information about the discharge process.
If you need to borrow over $2,000 to replace a furnace, old vehicle, leaking roof etc, you must get court approval. If you want to purchase a home while in Chapter 13 you must get court approval. If the debt is reasonable the Judge will usually not turn down your request. To make the process faster please provide estimates or information relative to the debt you wish to incur. This applies to all cases, even if you are in a 100% Plan. Please contact your attorney to start the process.
It depends on the contract you have with your lawyer.
You can always ask the Court to modify your Plan. If there is a change in income, dependents, expenses etc., speak with your attorney and they will draw up the necessary documents to modify your Plan.
All debts must be listed in your Chapter 13 Plan.
The benefits of a Chapter 7 and Chapter 13 are totally different for each person, depending on their individual circumstances. Each case is different and the benefits of a Chapter 7 or a Chapter 13 should be discussed with your attorney. The advantages of one chapter over another differ from person to person and requires the advice of a professional. We are prohibited by law from providing legal advice.
Most of the time, when you have debt forgiveness, you are liable for the debt forgiven as income. However, if you are in a Chapter 13 and receive a Discharge you are exempt from paying taxes on this forgiven debt. Your attorney can provide more information on these issues.
If you send in extra money we will issue you a refund check at the end of your case once the audit is complete. Make sure you keep your address current with your attorney, the court and the Trustee. Contact your attorney for more information.
It is possible for your credit rating to go up while in a Chapter 13 as long as your payments are being made on time. In addition, the more time that passes without delinquent payments the better off you are. Please consult your attorney for more information.
The “delinquency” is the difference between what our computers say you owe versues what it shows you have paid in. If you have a delinquency surrounded by “( )” it’s actually a positive amount and you are ahead in payments. Delinquency reports are only current as of the date of the report. Please do not make a big issue over a small delinquency. If the delinquency number is elevated you may want to call your attorney or one of Case Analysts to look into it for you.
To pay for the operation of our office: rent, salaries, equipment, etc. The Trustee fee changes every once in a while to adjust for changes.
We place a “hold perm” on certain types of payments we receive to make sure they clear the bank. Once they clear we lift the hold and the funds are available to be disbursed to creditors.
Employers (6)
Yes. The payment change is based on an Order of the Court.
Have the employee contact their attorney to correct the Bankruptcy Court Order.
Send in the amount of the check and direct the employee to their attorney.
The debtors payments are based on an Order of the Court. They must continue until a new order is entered. Direct the employee to their attorney to handle the matter.
Interpret the Bankruptcy Court Order as you see fit and direct the employee to their attorney for clarification.