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Debtor Frequently Asked Questions (FAQ)
1. Why would the Trustee file a Motion to Dismiss when
I’m on a pay order?
Debtors are responsible for monthly payments until the employer starts
deducting from their checks. If the payment changes after the
first plan is filed, the pay order will typically not be amended until
after confirmation of the plan. The debtor is responsible for
making up the difference if the payment increases.
2. Why can’t I talk to the Trustee’s office about
alternate arrangements for payments missed after a Motion to Dismiss is
filed?
We cannot make arrangements to resolve motions to dismiss unless they
are in writing, as too many misunderstandings occur otherwise.
If the debtor is behind with payments, they may need the assistance of
their attorney in resolving any delinquencies.
3. I am on a wage order and have made arrangements to
pay extra to make up the payments missed; can’t that extra amount for
past due be taken out of my paycheck?
The pay order is set for the monthly amount due through your entire
case. The extra amount is for the past due amount, and would be for only
a short time period. We can’t amend orders quickly, and you might
overpay, or the pay order might not pay in time, so we take the position
that you are responsible for making up the difference yourself.
4. Do I need to continue making my payments even
though I have filed a motion to sell and intend to pay off my case?
Yes, case can be dismissed if there is a delinquency in payments, even
if later you expect a large lump sum to be paid – you should pay close
attention to deadlines and speak to your attorney if you believe that
you will need additional time, so that the appropriate motions can be
filed.
5. Why won’t you give me any information over the
phone?
We can answer general questions and provide general information about
the case, however, we cannot answer questions about debtors’ options in
a case – that is legal advice and must be answered by an attorney.
Trustee case information is also shown on our web-site and can be
accessed 24/7 (Debtors and attorneys can call, email, or go on-line to
request a user ID – click here ADD LINK). If you are trying to
make arrangements to make up past due payments, or are asking for a pay
off, we cannot exchange that information over the phone – we require
this type of request in writing.
Many times we are told by debtors that they are afraid to call the
attorneys office because they will be charged. You should know
that the vast majority of attorneys will not charge you for simply
asking a question. If you are still afraid, you can ask whether
you will be charged for the call before you ask any questions.
6. Where can
I find the self-employment letter?
Click here for the
self-employment letter in Microsoft WORD format
Click
here for the self-employment letter in Adobe PDF format |
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