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Select and Click any section.

Section 1. Bankruptcy Information.


Section 2. What Can Bill Collectors do.

Section 3. Bankruptcy Tips - and people to avoid. 


Section 4. More Bankruptcy Answers.


Section 5. What About Credit Rating.


Section 6. Five Most Asked Questions. 

 

 

 

 

 

 

 

 

                                             

                                                            

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
BANKRUPTCY QUESTIONS and ANSWERS.  Back to Selections    Return to HOME Page 

Click on any question and get your answer. 
Feel free to look over the questions and then ask us directly by calling or email.

Our Five most asked questions:
1. Should I file?

2. What is bankruptcy?

3. What are the different types of bankruptcy?

4. My friends or family have told me not to file either a chapter 13 or 7. Are they right?

5. What is the difference between a chapter 13 and 7?

Other important questions:
Are there alternatives to bankruptcy?
What is a discharge of debts?
Can bankruptcy solve all my financial problems?
Will I lose a valuable asset such as my home or car if I file for bankruptcy?
Do I have to do anything before filing for bankruptcy relief?
Will I have to appear in court?
Can I file by myself or does my spouse have to file with me?
What if I have a co-signer on a debt?
What if I have been sued or a foreclosure is pending before I file?
Will I ever be able to own a home after filing bankruptcy?
Do I need an attorney?

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

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Should I File?
Filing for bankruptcy is not a decision to be made lightly or without thorough investigation. This is a decision greatly influenced
by the amount of debt you owe and your ability to make payments to your creditors. Anyone considering filing for bankruptcy
protection should investigate all possible options that may be available before deciding on bankruptcy. This pamphlet is only an
overview and will not provide all of the answers a debtor may need or want when considering bankruptcy as an option. However,
it may provide answers to some general questions regarding the bankruptcy process. Anyone considering bankruptcy should
speak with an attorney who is familiar with or specializes in bankruptcy for specifics and a greater explanation of the law.
[Back]    Return to HOME Page

What is bankruptcy?

Bankruptcy is a legal proceeding under federal law that allows a debtor who is having serious financial difficulties to obtain financial
relief. Bankruptcy allows debtors to either eliminate their debts or repay them under the protection of the bankruptcy court. A debt
may be either secured or unsecured. Secured debts are those that have collateral attached to them such as your house or car. For
example, if you obtain a mortgage on your house, your house is considered collateral for your loan/debt. In the event your loan is not
paid back, the lender may foreclose or repossess your property (the collateral) to recover the owed money. Examples of unsecured
debts are credit cards, medical bills or anything else that is not attached/secured by collateral. Bankruptcy cases are administered by
the federal bankruptcy court system.  [Back]    Return to HOME Page

What are the different types of bankruptcy?

Bankruptcy consists of several types of chapters that contain different mechanisms for addressing financial problems. A Chapter 7
bankruptcy, also known as a liquidation, allows a debtor to eliminate or discharge (forgive) all or some of his or her unsecured debts.
Anyone, even a corporation, can file a Chapter 7 bankruptcy case. A Chapter 7 case will also allow a debtor to surrender secured
property back to the creditor if the debtor can no longer afford to keep it. On the other hand, if a debtor can afford to keep his or her
property and that property does not have excessive equity, then it can be retained by reaffirming the debt with the creditor. Once a
secured debt is reaffirmed, payments on secured debt will continue pursuant to the terms of the contract. Upon the filing of a Chapter 7
bankruptcy, a trustee is appointed to preside over the case and determine whether there are any nonexempt assets to liquidate for
the benefit of creditors. Thus, if a trustee determines that your asset (for example your car or home) has equity and you cannot exempt
this equity under Georgia law, then the trustee can sell your asset and pay your unsecured creditors with the proceeds from this sale. 
For debtors with higher incomes that do not qualify for filing a Chapter 7 bankruptcy, a Chapter 13 bankruptcy can be filed.
A Chapter 13 bankruptcy, known as a "Wage Earners Plan," allows a debtor to protect valuable assets and also assist a debtor
who has fallen behind on his or her mortgage or car payment to catch up on those payments through a reorganization plan. In
this plan, a debtor proposes to pay back his or her creditors over a period of time. The plan is presented to a bankruptcy judge for
approval and upon approval is administered by a Chapter 13 trustee. The Chapter 13 trustee collects and distributes funds paid by the
 debtor to all of his or her creditors based on the plan approved by the Bankruptcy Court. Payments on long-term debt (for example, a
mortgage on a home being retained) must continue at their contract rate after the filing, in addition to the Chapter 13 plan payment. This
type of bankruptcy has certain financial limits and can only be filed by individuals having the income to fund a case as well as secured
debt not exceeding $1,010,000 and unsecured debt not exceeding $337,000 (these figures are adjusted every three years). If a debtor
exceeds these limits, then he or she must look to a Chapter 11 case should this type of protection from creditors be desired.
A Chapter 12 bankruptcy is similar in nature to a Chapter 13, but is restricted to those individuals who earn their living from farming
or fishing.
[Back]    Return to HOME Page

Are there alternatives to bankruptcy?

The short answer is yes. A debtor should always investigate other methods of solving his or her financial problems prior to deciding to
file for bankruptcy relief. Bankruptcy is typically considered a last resort measure. A debtor has some options available other than
bankruptcy such as credit counseling, negotiating settlements with creditors with or without the assistance of an attorney or some
form of out-of-court settlement. Each debtor's financial circumstances are unique and deciding whether one option is better than
another is determined on a case-by-case basis. It is always a good idea for those experiencing financial difficulties to seek out
assistance from professionals who handle such matters. [Back]    Return to HOME Page

What is a discharge of debts?

Basically a discharge of debts is the elimination of a debtor's personal obligation to pay the debt. There are some debts that cannot
be eliminated such as student loans, domestic support obligations, such as child support and alimony, and some
taxes, but a discharge will give the debtor a chance to start over financially. [Back]    Return to HOME Page

Can bankruptcy solve all my financial problems?

In short, no. There are certain types of debts that are considered non-dischargeable. The types of debts that cannot be discharged
are: recent income taxes, any type of payroll tax, student loans, domestic support obligations, such as child support and alimony,
DUI claims and any type of criminal fines or penalties. [Back]    Return to HOME Page

Will I lose a valuable asset such as my home or car if I file for bankruptcy?

Depending on the type of bankruptcy a debtor files and their financial circumstances, they may or may not lose their home. If a debtor
files a Chapter 7 bankruptcy case and has a home with equity, then there is the possibility that he or she could lose that home.
It depends on how much equity the debtor has in the home. Georgia allows a certain dollar amount of any equity in a home to be exempt
from the bankruptcy. If a debtor files an individual case, he or she may exempt up to $10,000 of equity and if a married couple files, then the
amount doubles to $20,000. If the debtor's equity falls between these figures then no, they may not lose their home, however if the
equity is higher, then the possibility exists. Equity in a vehicle works the same way with the figures being $3,500 for an individual filer
and $7,000 for a joint filing of husband and wife. If on the other hand, a debtor files a Chapter 13 case and has equity over the exemption
amount, then he or she can keep the home provided they pay their unsecured creditors an amount equal to the unexempt equity. If the
debtor believes he or she cannot afford to keep the collaterized property because of the financial situation, there is an option to surrender
the property back to the creditor. 
[[Back]    Return to HOME Page
                                                                                                                    

Do I have to do anything before filing for bankruptcy relief?

Yes. The current bankruptcy law requires that a debtor wanting to file for bankruptcy protection must obtain credit
counseling prior to filing a case. The credit counseling must be completed within six months prior to the date the case is filed.
Debtors must receive the credit counseling only from those agencies that have been approved by their regional United States
Trustee. For a list of those agencies approved for the state of Georgia, go to www.usdoj.gov/ust/ and under Bankruptcy
Reform, click on credit counseling and debtor education. After filing, debtors are required to complete a debtor education cours
 before receiving a discharge of debts. This course is in addition to the pre-filing credit counseling. Certificates are received
upon the completion of each course, and they must be filed with the Bankruptcy Court. [Back]    Return to HOME Page

Will I have to appear in court?

Yes. When a debtor files a bankruptcy case, he or she is required to attend a hearing titled Section 341, First Meeting of Creditors. This
hearing is scheduled approximately 30 days following the filing of the case. A debtor filing a Chapter 13 case may also be required to
attend his or her Confirmation Hearing. The Confirmation Hearing is when the judge assigned to the case approves the repayment plan
filed by the debtor. Further, a debtor may be required to attend additional hearings depending on the circumstances of his or her case.

[Back]    Return to HOME Page


Can I file by myself or does my spouse have to file with me?

A debtor can file an individual case or a joint case depending on the advantages or disadvantages of each. In order to determine
which is better for you, it is advised that you consult with a bankruptcy attorney.  [Back]    Return to HOME Page

What if I have a co-signer on a debt?

If someone co-signs a debt with you, that person could be affected by the bankruptcy filing. If the debtor files a Chapter 13, under
Section 1301 of the Bankruptcy Code, the co-debtor is protected from actions by the creditor until the creditor gets Bankruptcy Court
approval to pursue that co-debtor. In addition, the co-signer may find a notation on their credit report indicating that the debt they
co-signed is in bankruptcy.  [Back]    Return to HOME Page


What if I have been sued or a foreclosure is pending before I file?

If a creditor files a lawsuit against a debtor and receives a judgment, that creditor may collect on that judgment by either attaching liens
against the debtor's property or garnishing wages. When a debtor files for bankruptcy protection, any garnishment is automatically
stopped. Further, any pending foreclosure sale or repossession by a secured creditor must be stopped when the case is filed and
remains stopped unless the Bankruptcy Court gives the creditor permission to proceed (on a first bankruptcy filing). 
[Back]    Return to HOME Page


Will I ever be able to own a home after filing bankruptcy?

Yes. The filing of a bankruptcy case does not eliminate a person from ever owning property again. It may take some time before you
can once again buy a house or car; generally, it takes approximately two years to recover from a bankruptcy filing although the
bankruptcy may be noted on your credit report for 10 years. [Back]    Return to HOME Page


 Do I need an attorney?

Whether you need or want an attorney is a personal decision. Filing bankruptcy today is complicated and if you do not know the law,
you could lose your property and have difficulty filing a subsequent bankruptcy case due to new rules. Although it is possible to file a
case by yourself, it is advisable to seek legal assistance, especially when your home or car are affected. 
[Back]    Return to HOME Page




The above bankruptcy information is from selected items found in the Bankruptcy Pamphlet provided by the State Bar of Georgia.  
The pamphlet was prepared by the Bankruptcy Law Section of the State Bar of Georgia as a public service. It is not intended to be
a comprehensive statement of law. Its purpose is to inform, not to advise on any specific legal problem. If you have specific
questions regarding any matter contained in this pamphlet, you are encouraged to consult an attorney. The dollar amounts and
information are as of June 2007. These numbers do change so you must consult with an attorney or someone in the bankruptcy
clerk's office.  Copyright © 2008 State Bar of Georgia
_____________________________________________________________________________________


DEBT COLLECTORS - What they are allowed to do.
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1. Debt collectors have the legal right to demand payment from you, and to legal action if necessary. The Fair Debt
Collection Practices Act prohibits  harassment and misrepresentation. Third party collectors must follow these rules.
2. Can only call you between the hours of 8:00am and 9:00pm, and the collector cannot make excessive calls.
3. Cannot be abusive or use abusive language to coerce you to make payments on the account.
4. Threaten to notify your employer or your friends that you have not paid your bills.
5. Cannot using false pretenses or misrepresent themselves in order to gain entry into your home with the intent to
identify or take something of value.
6. Never attempt to make you pay more than you owe.
7. They cannot mail you a misleading letter that appears to be from a government agency or a court of law.
8. They are allowed to contact your friends, coworkers, or neighbors. But only to ask them about your whereabouts.
9. You can tell the collector to stop calling you on your job. It is best to do so in writing by registered mail.
10. You can send a letter by registered mail to the collection agency advising them to stop calling you. They must
comply with your written request. 
_____________________________________________________________________________________

       
  
BANKRUPTCY TIPS                Back to Selections    Return to HOME Page 

Do not procrastinate if you are facing legal action. Often, even when people are in danger of foreclosure or car repossession,
or are being sued, or are having their wages garnished – even then, they do not want to think about filing bankruptcy. It is very painful to
think of filing bankruptcy – especially before the person understands bankruptcy. In most cases, once bankruptcy options are explained
by an experienced attorney, people are greatly relieved to find that their problems can be resolved after all. Do not wait until after your
house  is foreclosed, your car is repossessed, or your wages are being garnished. Find out what bankruptcy relief is available to you
sooner rather  than later. Often, even when people are in danger of foreclosure or car repossession, or are being sued, or are having their
wages garnished – even then, they do not want to think about filing bankruptcy. It is very painful to think of filing bankruptcy – especially
before the person understands bankruptcy. In most cases, once bankruptcy options are explained by an experienced attorney, people
are greatly relieved  to find that their problems can be resolved after all. Do not wait until after your house is foreclosed, your car is
repossessed, or your wages are being garnished. Find out what bankruptcy relief is available to you sooner rather than later. 

Avoid debt counseling, credit repair, and bankruptcy-related scams. Sometimes when people are in difficult financial situations and
they fear they cannot afford an attorney, they may listen to the assurances of unscrupulous operators who are all too willing to
take their last remaining dollars. These operators appear in a number of types of businesses, but all offer the lure of a cheap,
easy way to make financial problems disappear. They invariably leave the person poorer and, in many cases, much worse off
than before. Typing services (also called bankruptcy petition preparers) never provided very good service to bankruptcy clients.
However, under the old bankruptcy law if you had a simple case the mistakes they made probably wouldn't cause your case to
be rejected by the bankruptcy court. That is different now. Congress has made filing bankruptcy so complex and the legal knowledge to prepare a case is so important that typing services just cannot do the job. They cannot advise the debtor of ways to eliminate liens or pursue more complicated procedures. They cannot go to court or defend the debtor if a creditor attempts to oppose the bankruptcy or take
advantage of the debtor. They cannot give legal advice that could save the debtor hundreds or thousands of dollars. A bankruptcy filed
with only the help of non-attorneys often fails to accomplish even its basic purposes, thus leaving the debtor worse off than before.
In fact, many cases prepared by typing services and filed under the new law have been rejected by bankruptcy courts. When debtors
whose cases are rejected they try to file a second, corrected case, the new law takes away many rights they would have had in the
first case. Therefore, it is very important to get the advice of an experienced bankruptcy attorney for your first case so that you will
have all the rights and protections possible in that case.

Other operations offer “credit repair” or credit counseling but are not associated with the established nonprofit credit counselors in the
community. These outfits promise to make credit problems go away and to obtain new credit for those who have bad credit records.
However, they know no magic tricks. At best they may obtain an expensive “secured” credit card, which can be used as long as the
card user keeps enough money in a special account to cover the amount charged on the card. In most cases, customers do not even
receive this dubious benefit, and the operators simply fail to deliver on their promises after taking the customer’s money. These outfits
promise to make credit problems go away and to obtain new credit for those who have bad credit records. However, they know no magic
tricks. At best they may obtain an expensive “secured” credit card, which can be used as long as the card user keeps enough money in a
special account to cover the amount charged on the card. In most cases, customers do not even receive this dubious benefit, and the
operators simply fail to deliver on their promises after taking the customer’s money.

Other rip-off artists sell services that consumers could obtain for free or at minimal expense. After taking the consumer’s money, some
offer  only a referral to a bankruptcy attorney, who may not be very knowledgeable. Others, who claim that they can help consumers
with bad credit to find housing, give lists of apartments taken directly from newspaper advertisements. Finally, some offer a debt
consolidation loan, which often means a home-equity loan or a refinancing of the debtor’s first mortgage. These loans can be big
mistakes, turning unsecured credit card debts that can be wiped out in bankruptcy into mortgages that cannot be discharged; or
trading debts with little or no interest for debts with high interest rates. The brokers or lenders who push these loans on debtors
with poor credit histories usually charge very high fees. After taking the consumer’s money, some offer only a referral to a bankruptcy
attorney, who may not be very knowledgeable. Others, who claim that they can help consumers with bad credit to find housing, give
lists of apartments taken directly from newspaper advertisements. Finally, some offer a debt-consolidation loan, which often means
a home-equity loan or a refinancing of the debtor’s first mortgage. These loans can be big mistakes, turning unsecured credit card
debts that can be wiped out in bankruptcy into mortgages that cannot be discharged; or trading debts with little or no interest for debts
with high interest rates. The brokers or lenders who push these loans on debtors with poor credit histories usually charge very high fees.

Why you need a knowledgeable bankruptcy lawyer. The decision to file for bankruptcy requires careful analysis of your
situation. You should file for bankruptcy only after determining that it is the best way to deal with your financial problems.
There are a number of potential pitfalls and tricks in the new law, so it is very important to consult with a knowledgeable bankruptcy
attorney. If your case is filed wrong, it may be dismissed for not filing a required document and if you have to file a new case you may
not be able to get the same protection from your creditors.
A good bankruptcy attorney: is well-versed in the possible complications that might arise in what seems to be a simple and straightforward
case; is aware of recent changes in the law and of court decisions in the local courts; can usually find ways of making a bankruptcy case
more productive and effective than it would be if the debtor tried to handle it without an attorney, ultimately saving the debtor many hundreds
or thousands of dollars more than the attorney’s fee.

Finally, having a good bankruptcy attorney can bring debtors the peace of mind that results from knowing their cases are
being handled without the mistakes that they might make on their own.
The above information was prepared and provided by the National Association of Consumer Bankruptcy Attorneys.    
_____________________________________________________________________________________

'width' is a duplicate attribute name. Line 1, position 37. MORE FAQ ABOUT BANKRUPTCY
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Section 1:   What will a Chapter 13 do?
Section 2:   Q & A about both Chapter 13 and Chapter 7.

  Section 1:   What will a Chapter 13 do?

Chapter 13 is a Repayment Plan that will protect you, your paycheck and your property from all of your 
creditors, including IRS and student loans. Your payments go to the Chapter 13 Trustee's office - and the
Trustee takes your Plan payment and pays your creditors each month. You should feel immediate relief f
rom the lower payments that you are paying into the Chapter 13 case. The main purpose of a Chapter 13
is to allow you to repay a lower payment and get yourself out of debt within a 2 - 5 year period. 


 Section 2:   Q & A about bankruptcy.              
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Q. My friends, family or co-workers have told me not to file either a chapter 13 or 7.
Are they right?

A. Most, if not everything, that you may hear from people that do not have a day to day working knowledge of the
bankruptcy laws is incorrect. We find this to be true almost every time a client comes in. Good intentions by others
giving you advice, does not mean good advice. Call us and ask your questions. 

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Q. What is the difference between a chapter 13 and 7?

A.  A chapter 13 is used to repay debts and keep the property that you owe money on. A correctly filed chapter 13
will give you reduced payments while you keep the property. The chapter 13 payments are based on your income,
monthly expenses and the different debts that you owe. The chapter 13 is binding on the creditors and does not
require, like a chapter 7 does, that payment arrangements be on the creditors terms. Some debts can be paid as
low as 1% on the dollar, while other debts like child support, most tax debts, student loans and others will have
to be paid back at 100%. 
A chapter 7 is used to discharge, or "wipe-out", debts. However, child support, most taxes, student loans and a few
 others cannot be discharged. But most of the normal debts that a person has incurred can be completely discharged.
Any property that you are buying and still owe money on will need to have payment arrangements made directly with
the creditor, or you may simply surrender the property and owe no money. A Chapter 7 will stop garnishments, lawsuits
and phone calls and letters from creditors.        Back to Selections   Return to Home Page  

Q. If I file a chapter 13 or 7 what will happen to my credit rating in the future?

A.  For a detailed answer please see What About Credit Rating. click here

Q. Will I lose any of my property?

A. It is very rare for anyone to lose property (house, car, furniture, bank accounts, etc...) in a chapter 13
or 7. The Bankruptcy laws are set up to protect the people who need to file, not to punish them.

Q. Can lawsuits, garnishments and repossessions be stopped even though it has already started?
A. Yes. The authority of the U.S. Bankruptcy Court stays, or "freezes", the creditor action. It is possible to even have a
repossesed auto returned to you if you file Chapter 13 before the creditor sells the car.

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________________________________________________________________________________ 

 


If I file Chapter 7 or Chapter 13 - what about getting Credit?   



A. There are a few things you can do to help yourself. Each item will help.

1. If you don't have one - open a checking or savings account. Keep it clean, no overdrafts.
2. Pay your utility bills on time.
3. Pay mortgage / rent on time.
4.You need to limit the number of "inquiries" reported to your credit report. Each time an inquiry is made
it can lower your credit score. An inquiry with no credit being approved can look like a denial to other creditors.
5. If you get a charge card then limit the use. One card will help - but several will hurt. Don't give a new
 creditor something to worry about, and charge card debt always worries a new creditor. 
6. The longer you wait the better chance of getting a decent interest rate on automobiles.
7. Click and Read: How to bounce back after bankruptcy?

                                                
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B. What about getting Credit.



In all honesty you must ask yourself what will happen, or has already happened, to your credit if you stay in your
present situation. However, your credit rating is viewed differently by different creditors. It is an opinion of your
repayment ability at the time you are applying for credit. Your past history is only one of several factors used by
creditors; other factors are your income, expenses and length on the job. For example, some mortgage companies
may require that you wait 24 months from your Chapter 7 discharge before giving you a mortgage. However, the
a mortgage company may only require that you be in your Chapter 13 case for 12 months or longer before applying
for the mortgage, even though your Chapter 13 is still going on. Automobile creditors usually do not require as long
as mortgage companies. But no matter when you apply  for credit, your ability to pay the debt is important. The main
question will always be "Is what  you make, spend and have left each month good enough for the creditor to
extend credit?"  You must be honest with yourself when you go to get credit while still in a Chapter 13, or after a
Chapter 7 or Chapter 13. You should only try to get credit for something that you can repay without straining your
household budget. The first time you apply for credit will usually be the most difficult because of the lack of a credit
history. We supply our Chapter 13 clients with a Trustee print out that shows all of the Chapter 13 payments they
made while in their repayment plan. This lets a creditor know that the client is able to make payments to them month
after month.But creditors still depend heavily on how long you have been employed and what other monthly expenses
you have to pay.

Also, there is no waiting period. There is no such thing as having to wait for 5 years, 7 years or any length of time.
Be reasonable and give it a few months before trying to make a major purchase. Where some mortgage creditors
may require 24 months, others may not. And where some auto creditors may require 12 - 14 months others may
only require 1 - 3 months. Just don't allow yourself to be taken advantage of, if the interest rate sounds to high then
it probably is. Don't be fooled by the line"we're the only creditor that will give you credit". You will probably pay more
interest than someone not coming out of bankruptcy, but that does mean you have to take whatever a creditor says.
Look around if you need to, don't be mislead and don't be taken advantage of. You have leverage to use. Since you
filed a bankruptcy case your debt has been eliminated or reduced. Use the bankruptcy filing to your advantage, don't
ignore it. The biggest mistake people make when trying to get credit after bankruptcy is that they will not shop around
and compare the creditors. If you have income, and you don't owe any, or much, debt then you are bringing something
to the table. Income and debt ratios are important to creditors. Don't be mislead and taken advantage of.
Go somewhere else if you have to. 

"Your credit rating during and after completion of Chapter 13 will be, as it is now and was in the past, the personal opinion of any lender who looks at your credit record. A credit rating is not graded as A, B, or C, or 1, 2, or 3. It is a record of all your past credit performances. Your credit record is compiled by a private agency and is made available to creditors who, by their own standards, decide whether or not to grant credit to you. Suits, collections, attachments, Chapter 7 cases and Chapter 13 cases are indications of credit problems. After many years and thousands of paid in full Chapter 13 cases, we find a good many knowledgeable creditors looking with respect upon those who have paid debts in full under a Chapter 13 plan. Any credit record that has been blemished by a payment problem must be gradually rebuilt.
Remember, though, that Chapter 13 is a good place to start."  - Chapter 13 Trustee Handbook


The filing of a bankruptcy case does not eliminate a person from ever owning property again. It may take some time before you can once again buy a house or car; generally, it takes approximately two years to recover from a bankruptcy filing although the bankruptcy may be noted on your credit report for 10 years.
- Bankruptcy Law Section of the State Bar of Georgia (Bankruptcy pamphlet)





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a. What is a Trustee?                                                                    Back to Selections        Return to HOME Page 
b. Questions you will be asked by your Trustee.
c. Trustee Bankruptcy Q&A.

What is a Trustee?
Every bankruptcy in Atlanta, and the surrounding metro area of Fulton, Clayton, Cobb, Dekalb, Douglas, Gwinnett,
Henry, Newton, and Rockdale counties are assigned to the United States Bankruptcy Court for the Northern District of
Georgia, Atlanta Division.

Chapter 7 bankruptcy filing - If you file a Chapter 7 bankruptcy case you will be assigned to a Chapter 7 Trustee.
The metro Atlanta Trustee panel consists of several Atlanta bankruptcy attorneys, accounting professionals or lawyers
in Lithonia, lawyers in Decatur, etc. The Chapter 7 Trustees are not only bankruptcy Trustees, but they also have their
own law office.  Anyone filing a Chapter 7 will meet with their assigned Trustee one time. This meeting is officially
referred to as the section 341 meeting.  The information shown below for Chapter 13 bankruptcy filing is very similar to
what the Trustee will ask in a Chapter 7 bankruptcy.

Chapter 13 bankruptcy filing - If you file a Chapter 13 bankruptcy case you will be assigned to a Chapter 13 Trustee. Unlike
the Chapter 7 Trustee, the Chapter 13 Trustee is a full time position with a staff of bankruptcy attorneys, accountants and
several other bankruptcy staff people. The Northern District of Georgia - Atlanta Division has three Chapter 13 Trustees.
They oversee and disburse millions of dollars each month that has been paid into the Chapter 13 bankruptcy program
for our district. This money is paid into the Chapter 13 bankruptcy program by thousands of people seeking debt relief. 

 

___________________________________________________________________

Frequently Asked Questions At the Chapter 7 or 13 Trustee Meeting.
The Trustee Meeting lasts about 4-6 minutes and allows the Trustee to review the paperwork filed by your attorney.
Each Trustee or deputy Trustee has their own individual preference for the required paperwork and information.
We will advise you of any items or further information that the Trustee has requested. The Trustee must receive the
requested items or they will move to dismiss the bankruptcy case.

The questions include, but are not limited to, the following:

1. Prior to filing of your Chapter 7 or 13 case, did you meet with an attorney to discuss all of your debts and assets?

2. Do you have any credit cards still in your possession?

3. Do you belong to a credit union? If so, is the credit union withholding anything from your pay for a loan or savings?

4. Have you ever filed bankruptcy before?

5. Are you buying a house or any land? (If yes, there are follow up questions about the property value, mortgage
balance, your ownership interest in the property, etc…)

6. Do you pay or receive child support?

7. Do you have any leases or rent to own contracts? (ex: rent to own furniture, appliances, or any auto leases)

8. Do you have any lawsuits or claims for money damages against anyone? (If yes, there are follow up questions
about representation by special counsel, status of litigation, disclosure in schedules, etc…)

9. Do you contribute money to a 401k or retirement plan? (If so, there are questions about loans against the
retirement
plans, amount of withholdings and contributions, etc…)

10. Have you filed all tax returns?

11. Have you listed all of your creditors and all of your assets? (You should list all creditors and all property - there
are no exceptions.)

 ___________________________________________________________________________________________________________

'Chapter 13 Trustee Handbook' provided by the Chapter 13 Trustee.

The following is provided by the Office of Chapter 13 Trustee - Atlanta Division.
TABLE OF CONTENTS  scroll down through the below for detailed responses to each item.
About Chapter 13
Your Case Number
Chapter 13 Costs
Pro Se Debtors
Your Attorney
Your Address
Calls To The Trustee's Office
Payments and Payroll Deduction Orders
Obligation To Pay
Problems Making Your Plan Payments
Request for Dismissal by Trustee or Creditor
Request for Dismissal by You
Contacts By Creditors
Dealing With Creditors
Insurance
What You Owe Creditors
Disposable Income Requirement/Base Plans
Claims Of Creditors
Creditors Not Listed
Post-Petition Debts
How Creditors Are Paid
The Dividend To Unsecured Creditors
Discharge of Debts
Hardship Discharge
Co-signers, Co-Makers and Guarantors
Credit Card And Post Petition Debt
Obtaining Credit Without Permission
Selling Property
Claims for Money Damages or Lawsuits
The End of Your Plan
Credit Rating
Contact By Creditor After Completion of Case
Tax Returns
Do You Still Have Questions?
One Final Word.   
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_______________________________________________________________________________________________                                                  

THE CHAPTER 13 TRUSTEE MAY NOT GIVE LEGAL ADVICE TO DEBTORS OR CREDITORS.
Although sincerely interested in the success of your case, the Chapter 13 Trustee may not give you legal advice.

  
'width' is a duplicate attribute name. Line 1, position 37.ABOUT CHAPTER 13.
Chapter 13 is one method under the Bankruptcy Code to obtain relief from your creditors while at the same time
providing a fair means to repay them as much as you can. It allows you to keep some or all of your property during
the time you are repaying creditors and it permits you to modify some contract payments and interest rates. Your
plan can limit some interest, late charges and penalties on some debts, and allow you to extend payments on some
of your debts. The Bankruptcy Court must approve a plan before it becomes effective; the order approving a plan is
called a Confirmation Order. Chapter 13 is an attractive alternative to "straight" (Chapter 7) bankruptcy, and has
gained widespread acceptance across the country.    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.YOUR CASE NUMBER.
When your Chapter 13 petition was filed, the Bankruptcy Court Clerk assigned your case a number. This number is
very important. WRITE YOUR CASE NUMBER ON ANYTHING YOU SEND to the Trustee's office, the Clerk of Court, or
any other party, including any payment you make to the Trustee.
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'width' is a duplicate attribute name. Line 1, position 37.CHAPTER 13 COSTS.
Each Chapter 13 case has three costs:
1. Court Costs: The filing fee must be paid to the Bankruptcy Court to begin the case.
2. Chapter 13 Trustee's Fees: By law, the Chapter 13 Trustee is required to charge a fee as a percentage of
disbursements. The fee may vary somewhat during your case.
3. Your Attorney's Fees: Your attorney's fee should be set forth in your Chapter 13 Plan.
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'width' is a duplicate attribute name. Line 1, position 37.PRO SE DEBTORS.
You are entitled to handle your own Chapter 13 case. If you are pro se (have no attorney) and do not know how to
proceed, the Chapter 13 Trustee strongly recommends that you get an attorney. The Chapter 13 Trustee is not
your attorney.   
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'width' is a duplicate attribute name. Line 1, position 37.YOUR ATTORNEY.
When your attorney agreed to represent you and signed your petition with you, your attorney became obligated to
appear and represent you throughout your Chapter 13 case. Your attorney must continue to appear on your behalf
as long as your case is active. Of course, you have the right to change attorneys. In addition, your attorney may withdraw
from your case, with court approval, under certain circumstances. If you ever have any questions concerning your case,
your creditors, your rights under the Bankruptcy Code or your options under Chapter 13, ask your attorney first. Your
attorney should have explained to you how much the legal fee will be and how it will be paid. In most cases, your
attorney will be paid the allowed fee through the Chapter 13 plan. Be sure that you have specifically discussed whether
 additional legal services during your plan will cost you more money or whether.the initial fee will cover all legal services.
All fees charged by your attorney must be reviewed and approved
by the Bankruptcy Judge, even if you agree to pay more.
When you need advice or assistance, you should be able to get help from your attorney. Although the Trustee's office is
able to answer many questions, the law prohibits the Trustee, Trustee's staff, Bankruptcy Clerk's office and the Court f
rom giving you any legal advice. If you have a problem, a question, or need advice, please call your attorney first.   
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'width' is a duplicate attribute name. Line 1, position 37.YOUR ADDRESS.
The Chapter 13 Trustee and the Bankruptcy Court must have your exact mailing address for as long as you are in a
Chapter 13. All notices or papers filed in your case will be sent to you at the address listed in your bankruptcy petition.
If you move or change your mailing address, you must inform your attorney, the Trustee, and the Bankruptcy Court, in
writing, of your new address. You will be bound by notice of any papers or notices sent to your address in the file if you
have not given written notice of your new address to both the Trustee and the Bankruptcy Court Clerk's Office.   
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'width' is a duplicate attribute name. Line 1, position 37.CALLS TO THE TRUSTEE'S OFFICE.
Your Chapter 13 Trustee's name and phone number are located at the beginning of this booklet. The Trustee's
office is closed on Saturdays, Sundays and holidays (including Federal Holidays).
If you have a question which your attorney cannot answer, you may ask the Trustee by writing a letter with your case
number and your question. If you cannot wait for a written response, you may call the Trustee's office during the office
hours. Normally, it is not necessary for you to speak personally with the Trustee; the staff is familiar with the policies
and guidelines under Chapter 13 and is well qualified to discuss with you any problems or questions that may arise.
The Trustee and the Trustee's staff cannot give any legal advice, however. Please direct all legal questions to your
attorney. Remember that the Trustee is not your attorney.    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.PAYMENTS AND PAYROLL DEDUCTION ORDERS.
Generally, a Court Order sent to your employer requires Chapter 13 payments to be made through deduction from
your paycheck and sent to the Chapter 13 Trustee. Only in special cases will the Court allow plan payments to be
made by you directly to the Trustee instead of by payroll deduction order. A Debtor may be permitted to make direct
payments from self employment, Social Security, Worker's Compensation, Disability or Retirement Income. If you
make a plan payment personally, do so by money order, personal check or cashier's check. Be sure to include your
name, address and your Chapter 13 case number on the check.
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'width' is a duplicate attribute name. Line 1, position 37.DO NOT SEND CASH.
The Chapter 13 Trustee's office will accept your personal check if one has not already been returned by your bank.
It is important that both you and your employer understand that a payroll deduction order is not a garnishment.
The Bankruptcy Code permits a Bankruptcy Court to issue a deduction order as an aid in the efficient administration
of Chapter 13 cases. When you voluntarily filed your Chapter 13 case, all of your future pay became subject to the
Court's exclusive jurisdiction as long as you are in a Chapter 13 case. We find that most employers understand that
you are making a serious effort to repay your debts. If your employer has any questions, he or she may call the Chapter
13 Trustee's office for an explanation.
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'width' is a duplicate attribute name. Line 1, position 37.OBLIGATION TO PAY.
Even though the Court will usually order your employer to deduct plan payments and send them to the Trustee, you
have the obligation to make sure payments are made. If your employer ever fails to make a plan payment deduction,
you must tell your attorney that the deduction was not made and YOU must send the needed plan payment to the
Trustee by money order, personal check, or cashier's check. You should keep your pay stubs to show that your employer
is deducting the payments. If a payment is not received by the Trustee as required by your plan, any creditor in your case
may ask the Court to dismiss your case. The Trustee will ask the Court to dismiss your case if you fail to make the
required payments.    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.PROBLEMS MAKING YOUR PLAN PAYMENTS.
If you are not able to make your regular plan payments because of illness, loss of job, family emergency, or other
serious problem, you should inform your attorney immediately. Under some circumstances, you may be able to
amend your plan to provide for a modification of the terms of your plan. The Trustee has limited discretion to permit
you to postpone a plan payment. A request to the Chapter 13 Trustee for additional time within which to make a plan
payment must be made in writing and must explain in detail the reason for the request. An agreement by the Trustee
not to seek dismissal of your case because of a missed payment does NOT prevent one or more of your creditors
from moving to dismiss your case. Payments to real estate mortgage creditors, that come due after your case starts,
must be made directly to those creditors. If a serious problem prevents you from making such a payment, you should
ask your attorney to contact the creditor to attempt to work out some other method to bring the missed payment current.
Otherwise, a missed payment may result in a motion by the creditor for relief from the automatic stay to conduct a
foreclosure; then, you will receive notice of a hearing at which you may appear and respond to the creditor's motion.
If you do not respond or appear, the motion will probably be granted by the Court.   
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'width' is a duplicate attribute name. Line 1, position 37.REQUEST FOR DISMISSAL BY THE TRUSTEE OR A CREDITOR.
If you fail to make the plan payments to the Trustee, and you have not been excused, the Trustee will ask the Court to
dismiss your case. Any creditor may ask the Court to dismiss your case if you do not make your plan payments to the
Trustee or your direct monthly payments on your house or other real estate. Creditors or the Trustee may request
dismissal of your Chapter 13 case if they believe your plan will not work (is not "feasible") or if you fail to attend the
meeting of creditors or fail to comply with other requirements of the Bankruptcy Code. Also, if you fail to appear at
hearings, fail to file a plan or schedules, cause delays in your case, fail to file or conduct your case in good faith,
file Chapter 13 cases often, or otherwise show an intention not to complete your plan, the Court will dismiss your
case and you may be ineligible to be a debtor in any bankruptcy case for 180 days from the date of the dismissal order.
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'width' is a duplicate attribute name. Line 1, position 37.REQUEST FOR DISMISSAL BY YOU.
A dismissal will end the protection of the automatic stay. Creditors will once again have the right to attempt to collect
their debts, including interest, finance charges, and late fees... If you desire to stop your case, contact your attorney.   
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'width' is a duplicate attribute name. Line 1, position 37.CONTACTS BY CREDITORS.
Upon the filing of your Chapter 13 case, all the creditors listed on your petition are subject to an automatic stay which
prohibits them from bothering you concerning your debts. Routine delinquency notices need not cause any concern,
but if you get a more personal, direct contact from a creditor, such as a telephone call, a personal letter, a summons,
or a visit in person, you should inform the creditor that you have filed a Chapter 13 case and give your case number
and your attorney's name and address. You are under no obligation to discuss the debt or your case with the creditor.
Be sure that you get the name of the creditor and the person who contacted you and give this information to your
attorney. (See Creditors Not Listed.)    [[Back]    Return to HOME Page                                                            
  

'width' is a duplicate attribute name. Line 1, position 37.DEALING WITH CREDITORS.
You cannot pick and choose some particular creditor and pay that creditor "on the side" or "outside of the Plan" or
"outside of the Court", because ALL of your debts must be dealt with through the Court. If you want to pay creditors,
you must do so through your Chapter 13 plan.    [[Back]    Return to HOME Page                                                            

  
'width' is a duplicate attribute name. Line 1, position 37.INSURANCE.
Secured property which is collateral for a loan (such as a car or house) must be insured. In order for you to keep your
secured property while your creditors are being paid through your Chapter 13 plan, you must make certain that the
insurance premiums are paid on time. The secured creditor must be listed as lienholder and as loss payee on
insurance policies and binders. The Bankruptcy Court has a separate rule requiring you to keep vehicles insured
at all times. If you let insurance lapse on any vehicle (car, truck, van, or motorcycle, etc..), the secured creditor may
request, and the Court may enter an order, allowing repossession, without notice or hearing. Keep your insurance
policies handy should any creditor
ever state that your insurance has lapsed.    [[Back]    Return to HOME Page                                                            

  
'width' is a duplicate attribute name. Line 1, position 37.WHAT YOU OWE CREDITORS.
The Trustee's office will mail you a status report twice a year. It is very important for you to review this report with your
attorney so that your attorney can promptly file objections to incorrect claims. The Trustee's office will pay all claims
as filed, unless and until an objection is filed. To find out how much you owe to each of your creditors and how much
you have left to pay on your Chapter 13 Plan, write to the Trustee's office and ask for a status report. Always include
a self-addressed, stamped return envelope with your request. The Trustee's office will then send you a statement
listing all of your creditors who have filed proofs of claims in your case, and the balances due each of those creditors
at the time of your request. The status report will show the payoff balance to each of your creditors and of your Chapter
 13 Plan. Remember that regardless of the balance due indicated on the "status report", you are required to make at
least thirty-six (36) months of plan payments into your Chapter 13 plan, unless your plan pays a 100% dividend to
all creditors in less than thirty-six (36) months.    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.DISPOSABLE INCOME REQUIREMENT (MINIMUM 36 MONTHS) AND BASE PLANS.
If you are unable to repay all of your debts in full, you must pay all of your estimated disposable income to the Trustee
during the first 36-months of your plan. Disposable income is the difference between gross income and.normal
expenses. The total of disposable income over the minimum 36-month plan period is shown on the Trustee's status
report as the "base". Your plan cannot be completed until you pay to the Trustee an amount equal to your disposable
income for 36 months or the minimum amount of payments that you agree to make in the plan, whichever is greater.
You will not have to pay more to the Trustee than is necessary to pay all of your debts in full. If changes are made to
your plan after your plan has been confirmed and your plan has a "base" amount, be sure to ask your attorney how
the change in your Plan effects the minimum thirty-six (36) month plan period. It may not be in your best interests to
pre-pay your Chapter 13 case. Before you make any payment to the Trustee, other than your regular plan payments,
talk to your attorney first! Only after advice from your attorney should you make any lump sum payments to the Trustee.
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'width' is a duplicate attribute name. Line 1, position 37.CLAIMS OF CREDITORS.
Every creditor that you list in the schedules to your Chapter 13 petition may file a claim for payment, but they must do
so within 90 days of the date of the Meeting of Creditors. Claims filed by governmental units must be filed within 180
days after you filed your Chapter 13 petition. A creditor may obtain an order from the Court allowing the filing of the
claim beyond the 90-day period in certain circumstances. When you receive a status report from the Trustee, you
should read and examine this report very carefully. If a creditor's name is listed inaccurately or any amount claimed
appears to be incorrect, or if you dispute the claim for any other reason, contact your attorney at once. If you and your
attorney cannot resolve the problem with the creditor, your attorney should promptly object to the claim. If the creditor
disagrees with you, the correct amount of the claim will be determined by the Court at a hearing. Unless you object to
an incorrect claim, however, the Trustee is required to make payments to the creditor based upon the amount of the
proof of claim, not the amount you listed in your schedules.    [[Back]    Return to HOME Page                                                            

  
'width' is a duplicate attribute name. Line 1, position 37.CREDITORS NOT LISTED.
You must list ALL YOUR CREDITORS on the creditor mailing list and in your schedules of assets
and liabilities. You may not receive a discharge of the claim of any creditor not listed. Therefore, review your schedules
and the creditor mailing matrix filed by your attorney to make certain that all of your creditors are listed, the addresses
shown are accurate, and all debts are listed. If you become aware of an unlisted creditor-- one you owe but forgot to
list-- you should let your attorney know the details immediately. Time is very important; do not delay in notifying your
attorney so that your schedules may be amended.
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'width' is a duplicate attribute name. Line 1, position 37.POST-PETITION DEBTS (POST FILING DEBTS).
Creditors with claims arising after you filed your Chapter 13 case are called "post-petition creditors". Post-petition
creditors are rare, because you are not permitted to borrow money or run up a bill while under Chapter 13, except
under very unusual circumstances. (See Credit Card and Post-Petition Debt.)    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.HOW CREDITORS ARE PAID.
The money that you pay to the Trustee is used to pay expenses of administration, (including court costs, Trustee fees,
and payments to your attorney) and then the claims of your creditors. The three basic types of creditor claims are:
priority, secured and unsecured. Then your unsecured claims are paid. Unsecured creditors are not paid until the
priority and secured claims are paid in full. [Note:This item has been edited by Richard Lee due to new Plan form 10/05.]   
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'width' is a duplicate attribute name. Line 1, position 37.THE DIVIDEND TO UNSECURED CREDITORS.
When your plan was proposed, you and your  attorney calculated what minimum payment would be paid to your
unsecured creditors. Because your plan may also include a "base" amount, your actual payment could be more than
the 36 month minimum in your plan. (See Disposable Income Requirement.)    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.DISCHARGE OF DEBTS.
If your Chapter 13 Plan does not pay at least a seventy percent (70%) dividend, you will not be eligible to obtain a
discharge under Chapter 7 ("straight" bankruptcy) for *eight years from the date of filing of your Chapter 13 case.
This is important: giving up the right to full bankruptcy relief is significant and could work to your disadvantage if, in
the future, you are faced with a financial catastrophe. Most people would like to pay all their debts. Paying all debts in
full may help you reestablish your credit after your Chapter 13 is finished. *(pursuant to 2005 bankruptcy law
changes. - Richard Lee).    [[Back]    Return to HOME Page                                                                                                                                                                        


'width' is a duplicate attribute name. Line 1, position 37.HARDSHIP DISCHARGE.
Under unusual and exceptional circumstances, a hardship discharge may be available. Consult with your attorney
about this type of discharge. [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.CO-SIGNERS, CO-MAKERS OR GUARANTORS.
The co-debtor stay protects a co-signer, co-maker or guarantor (co-debtor) from creditor contact on your consumer
debts. This protection applies automatically upon the filing of your case. If your co-debtor has pledged collateral as
security for the loan, the creditor must request a hearing before the bankruptcy judge in order to collect the debt or
foreclose against the property. The Stay will protect co-debtors only up to the amount of the debt your plan proposes
to pay. If your plan will pay such debt in full the co-debtor is protected during your plan. If the debt is not paid in full,
the creditor may obtain permission from the Court to collect the unpaid portion from your co-debtor.   
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'width' is a duplicate attribute name. Line 1, position 37.CREDIT CARD AND POST PETITION DEBT.
The order confirming your plan prohibits you from incurring post-petition debt without permission. This means you
may not borrow from a finance company, bank, or credit union, or receive an advance of your salary. You cannot
buy anything over time, like a car or an appliance. You cannot sign, co-sign or guarantee an installment note or
use a credit card. If you need to incur new debt, you must first obtain written approval from the Chapter 13 Trustee.
Your request may be approved if you are paying regularly into your Chapter 13 plan, if there is a good reason to
incur the debt, and if your ability to pay your plan payments will not be threatened.  
 [note: This provision also means you must get court approval for mortgage loan modifications - Richard A. Lee]
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'width' is a duplicate attribute name. Line 1, position 37.OBTAINING CREDIT WITHOUT PERMISSION.
Obtaining credit without permission of the Court is not only a violation of the Court's order, it may be reversed by
the Court. Any credit purchase you make without approval of the Court would be improper and the Court may require
you to return the purchased goods, may dismiss your case, or both. You will place your plan in serious jeopardy if
you obtain credit without approval.    
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'width' is a duplicate attribute name. Line 1, position 37.SELLING PROPERTY.
You may not dispose of any of your property, including land, without Court approval. If you sell your property without
permission, the sale may be set aside. If you want to sell any of your property, trade in a car or sell your home, be sure
to discuss it with your attorney and obtain Court approval.    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.CLAIMS FOR MONEY DAMAGES OR LAWSUITS.
If you have any type of claim for money damages or a lawsuit, either before or after the filing of your case, you cannot
recover money before obtaining the approval of the U.S. Bankruptcy Court. Thoroughly discuss any legal matter with
your bankruptcy attorney and make sure your non-bankruptcy attorney knows about your Chapter 13 case. Your
non-bankruptcy attorney cannot receive any fees for representing you unless approved by the U.S. Bankruptcy Court. 
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'width' is a duplicate attribute name. Line 1, position 37.THE END OF YOUR PLAN.
After you have successfully completed your plan -- when the Trustee has received enough money from you to pay your
creditors pursuant to your confirmed plan -- you will receive an Order of Discharge from the Clerk of Court. You should
discuss with your attorney the effect of the discharge. After you receive the discharge, you will generally not owe any debts,
other than long-term debt not paid in your plan, (such as mortgage payments) and certain non-dischargeable debts not
paid in your plan (such as child support, alimony or student loans). If you are not sure which of your debts will be
discharged, you should discuss that with your attorney when you meet with him or her. After you have received your
discharge, you may receive a small refund check from the Trustee. This refund will be paid if you have paid more to the
Trustee than is required to pay your debts pursuant to your confirmed Chapter 13 plan.
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'width' is a duplicate attribute name. Line 1, position 37.CREDIT RATING.
Your credit rating during and after completion of Chapter 13 will be, as it is now and was in the past, the personal
opinion of any lender who looks at your credit record. A credit rating is not graded as A, B, or C, or 1, 2, or 3. It is a
record of all your past credit performances. Your credit record is compiled by a private agency and is made available
to creditors who, by their own standards, decide whether or not to grant credit to you. Suits, collections, attachments,
Chapter 7 cases and Chapter 13 cases are indications of credit problems. After many years and thousands of paid
in full Chapter 13 cases, we find a good many knowledgeable creditors looking with respect upon those who have
paid debts in full under a Chapter 13 plan. Any credit record that has been blemished by a payment problem must
be gradually rebuilt. Remember, though, that Chapter 13 is a good place to start.   
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'width' is a duplicate attribute name. Line 1, position 37.CONTACT BY CREDITOR AFTER COMPLETION OF CASE.
Usually, after your creditors' claims are paid under the Plan, creditors may send "paid in full" papers to you. Even if
they do not, the official records of the Court will show that you received a discharge. If you receive any request for
more payments by creditors whose claims were paid under your plan, do not pay without first talking to your attorney. 
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'width' is a duplicate attribute name. Line 1, position 37.TAX RETURNS.
The Internal Revenue Service must hand process all returns filed by a debtor in a Chapter 13 case in order to avoid
accidentally issuing notices in violation of the automatic stay. To be certain that you receive any refund due you in a
timely manner, you should file your tax return as early as possible. If your tax refund has been dedicated  to your
Chapter 13 plan, you must endorse the refund check and send it to the Trustee's office.    
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'width' is a duplicate attribute name. Line 1, position 37.DO YOU STILL HAVE QUESTIONS?
If any of your questions or concerns have not been answered in this pamphlet, please contact your attorney. This
pamphlet is intended to be an overview of the Chapter 13 program in the Northern District of Georgia, and does not
deal with all issues which could arise. If you still have questions, after contacting your attorney, you may write the
Chapter 13 Trustee's office and
you will receive a prompt response.    [[Back]    Return to HOME Page                                                            


'width' is a duplicate attribute name. Line 1, position 37.ONE FINAL WORD.
Complying with a Chapter 13 plan is not easy. You may have to make a real sacrifice to meet the obligations which you
have specified in your plan and still live within your Chapter 13 budget. Thousands of families have successfully
completed their Chapter 13 plans in the Northern District of Georgia. They have resolved their debt problems without
filing straight bankruptcy and have paid most, if not all, of their obligations to their creditors. Chapter 13 will work for you
only if you work very hard at meeting your obligations under your plan.
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