What do I do with the Important Notices Regarding Claims?

Review list of claims for errors or incorrect information. All secured debt being paid through the plan should have a claim filed, check for the duplicate claims, unknown creditors, incorrect amounts owed, etc… Written objections are required to be sent to our office before we will file a formal objection with the Court. These can be faxed, mailed or brought into the office. No phone calls please.

What happens when there has been a change in income and/or expenses?

If there has been a decrease in income or an increase in expenses, a plan modification may need to be filed. You will need to download the income and expense schedules (I & J) from this web-site and fill in the new information. Send that along with a written explanation of the changes to our office and the file will be reviewed by an attorney to see if a modification is in order.

What is the process of purchasing a new vehicle?

There is an Application to incur credit posted on this web-site. This application needs to be completely filled out, and all documentation from a dealer/finance company needs to be attached. All information should then be brought in or mailed to the office and we will review and forward to the trustee. Upon approval, the trustee will send you a letter giving you permission to purchase the vehicle. You only have a certain amount of time before the approval expires. This process is also required for buying out leases or any purchase that you plan to have financed. This must be done before you actually sign the contract to purchase or lease, or else there will be major problems with the trustee, and your case may be dismissed for failure to follow the rules of chapter 13.

What is the process to refinance my mortgage?

This process is the same as above. If you plan to payoff your plan with the refinance, then you may want to request an unofficial payoff before you begin the refinance process. That way you have a good idea of what it’s going to cost to payoff your plan. The finance company may contact our office or the trustee’s office with any questions. Again, you may not refinance without formal approval by the chapter 13 office.

Can I sell my home or vehicle while in a Chapter 13?

Yes. The form you need for this is also on this web-site. You will want to download the Request to Sell or Dispose of Personal Property if you want to sell a car or other personal property. Call our office if you desire to sell your house. You will need formal approval from the chapter 13 office before actually selling anything, since all your property is under the protection of, and control of, the court while in chapter 13.