Chapter 13 Information and Reminders
Important Chapter 13 Information and Reminders
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Your Chapter 13 Bankruptcy case is an ongoing matter. As such, I will be doing work as your attorney. You also must do certain things to succeed at your case. I have made this Chapter 13 Information page to keep you informed.
Attend your 341 Meeting of Creditors
This is one of the first things you will do after your case is filed. This is a meeting conducted by the trustee’s office. The trustee in St. Louis is John V. LaBarge, Jr. While you might never meet him, you will meet one of his attorneys. The purpose of this meeting is to make sure the Chapter 13 information you provided is accurate. I will be there to represent you. You will need this form for the meeting.
We have already created a plan for your Chapter 13. This plan included a monthly payment figure. This payment is due 30 days from the date we filed your case. You can send in your payment by mail in a certified check or money order. You can also use the Chapter 13 Trustee’s online payment system here. NEVER send a personal check or cash. You cannot drop payments off at the trustee’s office.
Ongoing Obligations to the Chapter 13 Trustee and the court
An important thing to remember is that you have other ongoing obligations in a Chapter 13 Bankruptcy case. The trustee needs to know about major financial events. This helps the trustee update their Chapter 13 information and make sure you are still treating creditors fairly. As such, if your income increases significantly, you should call me and let me know. We will have to review your budget and possibly increase your plan payment. However, if your income decreases, or your expenses increase (birth of a child, for example), we might be able to reduce your payment.
If you are required to pay child support or support to an ex-spouse, continue to make these payments. One piece of Chapter 13 information the court will look at toward the end of your case is whether these payments have been made. If they haven’t been, you might not get a discharge.
In some, but not all cases, you may have to turn over a portion of your tax refunds. If you have a large family, I can help you keep most of that money. Please call my office when you get your tax refund to discuss. We may have to inform the trustee so he can update his Chapter 13 information about your case.
Another piece of important Chapter 13 Information is your ongoing mortgage payments. While your car payment is almost always part of the Chapter 13 plan payment, your mortgage probably is not. I have already told you to make your regular house payment on time. After your case is filed, make your house payment on the regular payment due date.
You should keep your car and your home insured. Your mortgage lender will force expensive insurance on your home if you don’t have it. Your car lender will ask the bankruptcy court for relief (termination of bankruptcy protection) if you don’t maintain full-coverage insurance. If you have problems finding affordable insurance, call me and I can refer you to a St. Louis-area insurance broker.
Sean C. Paul is licensed to practice law in the State of Missouri. He practices in the Federal Courts of the Eastern District of Missouri, the Southern District of Illinois, and the Central District of Illinois.
Sean C. Paul will give you the individual attention you deserve. He understands the importance of your financial decisions. He wants to help you make the best choice, whether it’s a Chapter 7 Bankruptcy, a Chapter 13 Bankruptcy, or something else entirely. Call him for Chapter 13 Information.