FAQ

Plan Payments:

Delinquency:

Disbursements:

Paying Claims:

Miscellaneous:




























Plan payments

Q: My plan is confirmed. Where do I send my plan payments?

A: Plan payments are only accepted at: P.O. Box 1330, Riverside, CA 92502 . Only certified checks or money orders are accepted. The money order must be made payable to "Chapter 13 Trustee," and must have your case number and last name written on the instrument.

Q: What happens if I make the money order out wrong, or forget my case number or last name?

A: The money order will be returned, and you will be considered delinquent. If you don't include this identifying information, the Trustee cannot be certain that he is posting the money to the correct case. By including this information, you are helping to ensure that your money is accurately accounted for.

Q: Can I make my payments in person, or mail them to the office address?

A: No. As a security measure, no funds are accepted at the office address. If you mail them to the office address, they will be returned and you will be considered delinquent.

Q: Can I change the due date for my plan payments?

A: Only the judge in your case can change the due date for your payments. Contact your attorney for assistance in filing the proper papers to request a change in the due date.

Q: I will not be able to pay my plan payment this month. What should I do?

A: Call your attorney immediately. Your attorney can file papers asking the judge to change the provisions of your plan by suspending payments, extending the plan, or possibly changing the monthly payment amount. Do not call the Trustee. The Trustee cannot change the provisions of your plan, or make any payment arrangements. Only the judge can do that. See the following questions concerning "delinquency" for more information.


Delinquency

Q: I'm late with my plan payments. Can I make them up at the end?

A: No. The Trustee does not make payment arrangements and the Trustee does not have the authority to change the provisions of your confirmed plan. Only the judge can do that. Contact your attorney if you are not able to pay your plan payments as they come due. You must obtain a court order to change any of the provisions of your plan.

Q: I'm late with my plan payments. Can I make a payment arrangement?

A: No. The Trustee does not make payment arrangements or enter into repayment plans.

Q: I received a Trustee's Motion to Dismiss my case for delinquency. What does that mean?

A: You are delinquent in paying your plan payments to the Trustee, and he is asking the judge to dismiss your case. You have 15 days from the date the Motion was mailed to become fully current or to file and serve an objection to the Trustee's Motion to Dismiss.

If you are not fully current (including any plan payments that have come due since the Trustee's motion was mailed) by the "action date" on the first page of the Motion to Dismiss, your case will be dismissed. You will no longer have the protection of the bankruptcy court, and your creditors will be free to seek repayment of the debts you owe them. Contact your attorney as soon as you receive the Trustee's Motion to Dismiss. See the next question for more information.

Q: I received a Trustee's Motion to Dismiss my case for delinquency. What should I do?

A: Call your attorney. Your attorney can explain your options and can assist you in dealing with the motion. Basically, there are two ways to address the Trustee's Motion to Dismiss. You can either:

(1) Pay the delinquent amount immediately by mailing a money order for the full amount of the delinquency (including any payments that have come due after the date the Motion was mailed to you) to the Trustee's Post Office Box. DO NOT DELAY! If the Trustee has not posted the money to your case by the "action date" stated on your motion, your case will be dismissed. Calling the Trustee will not help, the Trustee cannot give extensions or make payment arrangements. Do not mail the payments to the office address. They will be returned to you, and you will continue to be delinquent.

(2) If you have a legal basis to do so, file an opposition to the Motion and schedule a hearing before the judge in your case. Your attorney can assist you with this.

DO NOT CALL THE TRUSTEE. Calling the Trustee does not change the action date and will not buy you any additional time. The Trustee does not give extensions or enter into payment arrangements. The Trustee will not "hold" the order or make any special arrangements. The Trustee cannot give legal advice.

Q: I mailed the full amount of the delinquency on the "action date." Will my case still be dismissed?

A: Probably. If the funds have not been posted to your case by the date the order of dismissal has been sent to the court, your case will be dismissed, even if the money comes in later. Calling the Trustee does not change the action date and will not buy you any additional time. Call your attorney as soon as you receive the Trustee's Motion to Dismiss.


Disbursements

Q: When does the Trustee mail the disbursement checks?

A: Monthly, approximately in the middle of the month.

Q: Can I pick up my check in person?

A: No. As a security measure, all disbursement checks, including debtor refunds, are mailed.


Paying Claims

Q: Who will the Trustee pay in my case?

A: The Trustee will pay all secured creditors based on the provisions in your plan, until the creditor files a claim. Then, the Trustee will pay the creditor based on the claim. If you disagree with the amount of the creditor's claim, call your attorney.

Approximately 4 months after your plan has been confirmed, you and your attorney will receive the Trustee's Notice of Intent to Pay Claims. This is a list of all the claims received by the Trustee. Review the notice carefully, and make sure that all of the debts listed are actually yours. If you find debts that you believe you do not owe, call your attorney! Do not call the Trustee. The Trustee must pay all claims as filed unless the creditor withdraws or amends the claim, or the judge orders that the claim be disallowed.

Periodically, you will receive status reports, that list all the claims that the Trustee has received, and the amounts paid to creditors. Review these reports very carefully and make sure that:

(1) All the debts listed are actually owed by you; and

(2) All creditors that should be paid actually are being paid.

If you find any discrepancies, CALL YOUR ATTORNEY.

Remember: this is your case, and your money. It is your responsibility to monitor your case to ensure that only the correct claims are paid.

Q: I just received a status report, and there is a creditor listed that was discharged in my prior Chapter 7 case. Will the Trustee pay the claim?

A: Yes. Contact your attorney to assist you in dealing with the claim. Unless the claim is withdrawn by the creditor or disallowed by the judge, the Trustee has no choice but to pay the claim. Calling or writing to the Trustee has no effect: either (1) the creditor must amend or withdraw its claim, or (2) the judge must order that the claim be disallowed.

Q: I am a creditor. Will I receive interest on my claim?

A: Interest is paid at the rate specified in the debtor's plan. If no interest is specified, no interest will be paid. Contact an attorney for more information.

Q: I'm a creditor, and I want to file a claim. Where do I get the form and what do I do with it?

A: The Clerk of the Bankruptcy Court sent you a blank "proof of claim" form with the notice of the bankruptcy case. If you did not receive one or have misplaced it, you can obtain blank forms at the Office of the Clerk at 3420 12th Street, Riverside, CA 92501. Check with your attorney; he or she may also have claim forms available.

Claim forms are also available at Forms & Links.

After you have filled out the "proof of claim" form, make five copies, and mail them to: Clerk of the Bankruptcy Court, 3420 12th Street, Riverside, CA 92501. Include a self-addressed, stamped envelope to get a "conformed" or "file-stamped" copy back. Be sure to forward a conformed copy to the Trustee at  3787 University Ave, Riverside, CA 92501. That way, the Trustee can begin making disbursements sooner, and to the correct address.


Miscellaneous

Q: I don't have an attorney, but I think I need one. Can you suggest an attorney?

A: The Trustee is not permitted to recommend specific attorneys. You can contact the following attorney referral services:

California State Bar Association (800) 540-3160
Riverside County Bar Association (951) 628-7520
San Bernardino County Bar Association (909) 888-6791

The Trustee does not endorse any particular referral service or attorney, and he has no knowledge of how attorneys are selected by the referral services.

You might also seek a recommendation from friends, relatives, or co-workers.

Q: I need to buy a new car, and the dealer says I have to get a letter from the Trustee. Can I get a letter from the Trustee?

A: No. If you wish to incur debt (buy or lease a car, sell, buy, or refinance a home) you must obtain a court order. The Trustee does not have the authority to give letters of approval. Contact your attorney for assistance.

Q: I want to pay-off my plan early. How do I find out the pay-off amount?

A: Write to the Trustee and ask for an estimated pay-off. Understand, however, that any pay-off figure you receive from the Trustee is an estimate. It will not include any filed claims that the Trustee is not aware of, nor will it include interest that will accrue in the future on any secured claims. If your plan pays less than 100% to your unsecured creditors, you may be required to increase that percentage to 100% if you are seeking to pay off your plan early. Contact your attorney for more details.

Q: Can I get a status report?

A: Yes. Call the Trustee's office and request one. It will be sent by fax or mail.

Q: My husband filed for bankruptcy. Can I get some information about his case?

A: The Trustee will give out certain information about cases to interested parties in the case. Note, however, that if you are not on the petition as a co-debtor in the case, the Trustee can only give you some general information that would be available to creditors or other interested parties. Since you are not the debtor in the case, you cannot make decisions about the case, and there is some information that you will not be provided. You cannot "handle" the case for the debtor.

Q: I received a "Notice of Infeasibility" what does that mean?

A: The Notice of Infeasibility is sent if you are nearing the end of your plan and it appears as though your plan payments are not high enough to pay all of the debt remaining in your plan.

The Notice of Infeasibility is NOT a request to dismiss your case; it is a reminder. You should review the status report carefully, and consult with your attorney about how to address the infeasibility. You can voluntarily increase the plan payment amount you send to the Trustee each month, or you may be able to file a motion asking the judge to extend your plan. You may also be able to object to the payment of some claims, if you have a legal basis to do so. Talk to your attorney for assistance.

Q: What happens when I have paid all my debts through the plan?

A: When the Trustee has received sufficient funds to pay all claims, and it appears as though the plan will be "paid-in-full" (completed), the Trustee's staff will review the court's claims docket on-line to verify that all claims listed on the docket have been paid. If any additional claims are discovered, you and your attorney will receive notice and you will have an opportunity to address the claims.

If no additional claims are found, then after the last disbursement of funds, the Trustee will send the "Notice of Intent to File Final Report" to the debtor, debtor's attorney, and all creditors. The "Notice of Intent to File Final Report" includes a list of all claims and amounts paid. Interested parties have 30 days to object, and if there are no objections, and after all disbursement checks have cleared the bank, the Trustee files a "Final Report" with the Clerk of the Bankruptcy Court. Thereafter, the Clerk will file the order of "Discharge," and a copy is mailed to the debtor and debtor's attorney. This is the final document in the case, and it should be kept in a safe place. You will need it if you are ever required to prove that you received a discharge.

It could take several months from the time you send your final payment until you receive your discharge.