View Chapter 13 Post Filing Packet PDF

I'VE SIGNED THE CHAPTER 13 PETITION - NOW WHAT?

1. Filing the Petition
   We will file the petition with the Bankruptcy Court in Kansas City. This will officially get the case started in court. The automatic stay will go into effect as of the moment we file. If you are contacted by any of your creditors, give them your case number and filing date, and refer them to us.
   
   You should have less than $100 combined in your bank account, in your pockets, and sitting at the house on the day we file (this counts money you have written checks on). If you have more, you run the risk of the Trustee confiscating that money. If you have more than $100 in your account, contact us before the filing date.
   
   If you find out about a creditor we did not list in the bankruptcy, contact us immediately. Usually we can have them added to the bankruptcy if we act quickly.
2. Receiving your Notice of Commencement from the court
   About a week after we file your petition, you will receive a notice from the court that your bankruptcy has commenced. It will have the name and address of the Chapter 13 Trustee. Immediately make your first monthly payment to the Trustee. If you do not make a payment within 30 days of filing the petition, the Trustee will want to dismiss your case. Remember that it may take up to two months before your income withholding order goes into effect at work.
3. Meeting of Creditors
   The Notice of Commencement will also contain the date of your meeting of creditors (also called the "341" meeting). Make a note of the time and date and put it on your calendar. In Kansas City, the meetings are held in the Federal Courthouse in Kansas City. You want to be there at least 30 minutes before your meeting time, so you can talk to your attorney, and also so you can watch a few meetings to see how they typically go. It is natural to be nervous. Don’t worry about it. The typical creditors meeting lasts about 5 minutes and it is over. You will be treated professionally by the Trustee, and your attorney can handle any problems that arise.
4. Confirmation
   About two months after you file, your attorney will go to court for the confirmation hearing. By this point any outstanding creditor objections or other problems should be resolved. The Trustee will submit your Chapter 13 plan to the court for approval. If the court approves, the plan will go on "autopilot". As long as you stay current on your plan payments and on your mortgage (if you are paying it outside the Plan) you should be fine.

YOUR RESPONSIBILITIES IN A CHAPTER 13

By this time you have had a lot of complex information thrown at you and you probably cannot remember it all. If you have any questions, call us and we will be happy to answer them.

However, there are a number of issues that in our experience have repeatedly come up in a Chapter 13 that can result in extra expense, hassle, or even in dismissal of your case. We want to make sure those issues are brought to your attention so everyone understands what you need to do.

Stay in contact with your attorney
You need to make sure we always have your latest address, telephone numbers, and other contact information. Bankruptcy cases are “fast tracked”, meaning they move much more quickly than your typical court case. Nothing is more frustrating to an attorney than having an urgent issue come up and not being able to speak to his or her client about it. On the client’s side, nothing is more disheartening than having your case dismissed and not finding out until a creditor sues you or confiscates your property.

When we mail something to you, we will mail it to the latest address we have on file, and we will assume you received the mail, and read it. If you tell us you did not receive something we mailed to you, we are going to assume the problem is on your end, not ours. If you are not getting mail from us that you should get, you need to make sure your address is valid with us, and you need to verify your address with the Post Office.

The same goes with phone messages. If we call your number and leave a message, we will assume you got the message and are reacting appropriately to it. Do not assume the number of times we try to contact you corresponds with how urgent the issue is.

Be truthful with your attorney, with the Trustee, and with the court
There is a temptation not mention property the Trustee may want to take, or to leave out debts that you "don’t want to file on". You MUST list all debts and assets. Everything in bankruptcy is fixable as long as you tell the truth and do not hide anything. If you are caught lying or not telling the whole truth, you face a range of punishments. The punishments can range from dismissal of your case with prejudice (meaning you can’t file on those debts ever again) to prosecution for Perjury, which is a felony.

Keep continuous comprehensive insurance on any vehicles securing a debt
If you have not already, you need to immediately provide us with a declaration page from your insurance agent. This is a report that sets out your deductible and policy limits, the period the insurance is in force, and the loss payee. You can probably call your insurance agent and ask him or her to fax a copy of the declarations page over to us. Our fax number is (866) 212-9554.

By local rule, if you do not furnish proof of insurance within five days upon demand from the creditor, the creditor is entitled to impound your vehicle without further notice until you provide proof. So it is very important to get this done.

Make your payments to the Trustee
The court, as a service to you and at your request, will issue an income withholding order to your employer for the amount of your Chapter 13 plan payment. This is a wonderful tool that greatly increases your chances of completing your plan and getting your discharge. However, it is still your responsibility to make sure the Trustee gets paid. When you file your case, you need to send in payments every month until your income withholding order takes effect. Do not assume the employer is taking money out of your check until you see the deduction on your pay stub.

If you change jobs or are laid off, you need to contact both your attorney and the Trustee with the news. If you are laid off, you need to start making payments on your own without skipping a beat. If you fall behind on your plan payments, the Trustee will not send you a reminder letter and neither will we. Rather, the Trustee will ask the court to dismiss your case.

Mail any direct payments to:
William H. Griffin, Trustee
PO Box 613106
Memphis TN 38101

Stay current on your mortgage
Most filers pay their monthly mortgage payments outside the plan; that is, the plan payment takes care of all the other debts, while the mortgage is paid separately just like before the case was filed. You still need to stay current on your post-filing mortgage payments. If you do not, your mortgage lender will try to have your case dismissed. At the very least, you will have to catch up (paying even more money every month), and pay for the attorney fees for both your lawyer and the creditor’s lawyer. This can easily run over $1,000 over and above the amount you are behind.

If you are delinquent on your mortgage when you file, you will probably pay your mortgage through the bankruptcy Plan. Normally you pay by income withholding. If for some reason the Court does not withhold the bankruptcy payment from your check, you will need to make your mortgage payment to the Trustee on your own. Remember that no one ever lost their house in a 13 because they were current on their mortgage. You need to stay caught up.

Report any errors or omissions in the creditors we notify
When we drafted your petition, we relied on what you told us about your debts. We may also have looked at a credit report and may have found creditor addresses on the Internet. This is a service to you and we are happy to do it; however, you have the ultimate responsibility to make sure all your creditors are listed, with proper amounts, names, and addresses. This also means it is up to you to report any changes to addresses, or any creditor we may need to add to the bankruptcy.

If we do not list a creditor, that creditor will not be discharged in the bankruptcy. Worse yet, if the debt is nondischargeable and needs to be paid through the Plan, your payments to increase to more than you can handle, and your case will be dismissed as being unfeasible.

If a creditor calls you, tell them you are represented by The Law Offices of Garrett & Coons, a debt relief agency, and give them our phone number of 888 212 9554. Also get from them the agent’s name and fax number so we can send notice of the bankruptcy.

Get your tax returns filed on time
You need to have filed tax returns for the last five years in order to complete your bankruptcy. If you have not filed your last five returns by the time you read this, tell your attorney. Also make sure to file your returns on time while you are in the bankruptcy plan. The Trustee will want a portion of each tax refund, Federal and State, that you receive for your first three years of your bankruptcy.

When you file your taxes, have your tax preparer fax over to us a copy of all the papers you file with the IRS. Our fax number is 866 212 9554. Insist on a paper check for both State and Federal refunds. Do not take out a refund anticipation loan, and do not have the money deposited directly into your account (if you can get to the money it can get frittered away). Once you get your refund checks, call our office for instructions.

If you need help preparing your tax returns, you may be able to get free assistance through the Volunteer Income Tax Assistance program (VITA). Free E-File income tax preparation is available:

• On the first floor of the Docking State Office Building, 915 SW Harrison Street, Room 158, Topeka.
• University of Kansas School of Law, Green Hall

Hours of operation are Monday through Friday from 9:00 a.m. to 3:00 p.m. The site will be open from January 26th through the April 15th filing deadline. They can provide assistance for families with low to moderate income ($42,000 and below). To find another site near you, call 1-800-829-1040.

DO NOT SPEND ANY PORTION OF YOUR TAX REFUND UNTIL YOU GET CLEARANCE FROM US.

Don’t gamble while you are in a Chapter 13 plan
If you are caught gambling, your case will be dismissed. Period. Buy all the Lotto tickets you want after you get your discharge.