INFORMATION FOR DEBTORS

Case number changes for debtors in Cayuga, Cortland, Onondaga, Oswego, Tioga & Tompkins Counties:  find new case numbers on Bankruptcy Court's web site
PLEASE USE NEW CASE NUMBER ON PAYMENTS!!!

You can now access your own case information online via the National Data Center.  To register for an account, go here Ò http://www.13datacenter.com

If you have questions, you should contact your attorney.

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) went into effect on October 17, 2005.  Many issues are still unclear, and this page will be updated periodically as the Bankruptcy Courts issue decisions interpreting the new law.

YOUR CASE

YOUR CASE NUMBER:  At the time your Chapter 13 petition was filed, the Bankruptcy Court assigned the case a number.  You will need it whenever you contact the Trustee's office, and it should be included on all payments made to the Trustee.

YOUR ADDRESS:  The Trustee must have your exact mailing address for as long as you are in Chapter 13.  All notices, letters, checks, etc., will be mailed to the address listed on your petition cover page until you or your attorney advises otherwise.  If you move or change mailing address, you must inform your attorney and the Trustee in writing of your new address.  Any change in address or employment must be reported to the Chapter 13 Trustee's office immediately.

PLAN LENGTH:  The length of your plan depends on your income.  If your household income is below the median income for a similar sized household in your state, you plan must be at least three years in length.  If your household income is above the median income, your plan must be five years in length.  In no case may your plan be longer than five years.  Your plan may only be less than three years if all of your creditors are paid in full.

YOUR ATTORNEY:  Under the rules of the Bankruptcy Court, your attorney must continue to appear and represent you for as long as your case is active or until the Judge permits your attorney to withdraw from your case.  If you ever have a legal question concerning your case, a creditor, your rights or your options, ask your attorney first.  In many cases, your attorney will be paid his or her legal fee through the Chapter 13 plan.  Be sure that you and your attorney have discussed fully whether additional legal services during your plan will cost you more money, or whether the initial fee will cover all legal services.  Bear in mind that all legal fees must be reviewed and approved by the Bankruptcy Judge.  You may even change attorneys during the life of your plan by having your new and old attorneys file a "Consent to Change Attorneys" with the Bankruptcy Court, with a copy to the Trustee's office.

CO-SIGNERS AND CO-MAKERS:  A co-signer, or co-maker, on any of your consumer debts is generally protected from contact by the creditor, as long as you remain in Chapter 13.  This co-debtor protection will only protect co-signers for the amount of debt your plan proposes to pay.  If your plan is not scheduled to pay the creditors in full, a creditor may obtain permission to collect from the co-signer the amount of the debt not included in the plan.

POST-PETITION DEBT:  Once your plan is confirmed, the Court will prohibit you from incurring any debt in excess of $100 unless you obtain Court or Trustee approval.  The exception is for medical or other emergencies.  If you need to purchase something for over $100, you must be current on payments to the Trustee, and the debt cannot affect your future payments to the Trustee.  If there is a good reason to incur debt, the Judge or Trustee will generally grant permission.  You cannot dispose of any property during the life of the plan without Court approval.

SELLING PROPERTY:  You cannot dispose of any of your property, including land, without Court approval.  If you dispose of your property without permission, the transaction may be set aside and your plan could be dismissed.

DISCHARGE:  When you have successfully completed your plan payments, the Trustee's office will generate a "Final Account and Report," as well as a debtor refund check if appropriate.  This report will be submitted to the Court.  The Court will issue a "Discharge of Chapter 13" shortly thereafter.  This discharge also acts as an injunction against your creditors after your case has ended.  However, if you failed to pay a secured claim in your plan, then the lien on the collateral will still exist despite the discharge of your personal obligation to pay.  Under BAPCPA, certain debts are not dischargeable.  Please contact your attorney if you have questions about which debts will not be discharged.

REQUEST FOR VOLUNTARY DISMISSAL:  The Bankruptcy law allows you to request that your Chapter 13 case be dismissed at any time.  No one can force you to remain under a Chapter 13 plan if you do not wish to continue.  If you desire to stop your case, contact your attorney.  However, a dismissal will reactivate all unpaid or disputed debts, interest, finance charges and late charges not allowed by the Court, and all debts of creditors who did not file their claims.

INCOME TAX INFORMATION:  It is your responsibility to file tax returns on your own every year, or as needed.  You will need to obtain information regarding any interest paid on claims directly from the creditors.  The expenses of your Chapter 13 plan are not deductible for Federal Income Tax purposes.

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CLAIMS & CREDITORS

MEETING OF CREDITORS:  You will receive a notice shortly after your case is commenced , which will set a date, time and place for the Meeting of Creditors.  This meeting is to give the Trustee and any interested creditors an opportunity to ask you questions.  You are required to attend this meeting.  This is the only time you are required to appear in this proceeding unless you do not have an attorney to represent you.  Please bring with you your Social Security card and picture identification.  If you are self-employed or are engaged in business, you must provide business records or a copy of your most recent tax return to the Trustee.  You should bring these to the meeting.  All other debtors should bring a recent pay-stub with them.

CLAIMS OF CREDITORS:  The creditors you list on your petition are given 90 days from the Meeting of Creditors to file their claims.  In approximately four to five months, you will receive a Notice to Allow Claims, which will show you all the creditors that have filed a proof of claim in your case.  If you have any questions or if you object to a claim, you must contact your attorney immediately.  Unless your attorney files a motion objecting to the claim, we will pay it based upon the amount the creditor requests in the proof of claim, not the amount listed in your petition.

LATE CLAIMS:  As stated above, creditors have 90 days after the Meeting of Creditors to file their claims for payment.  The 90-day deadline is called the "bar date" and is lited above the meeting date in the notice you receive.  Generally unsecured creditors are not entitled to payment if they file after the bar date.  Secured or priority tax claims may be the exception.  If a creditor files after the bar date, you will receive a half-sheet document entitled "Notice of Additional Creditor."  Usually the Trustee will move to disallow the claim for filing late.  However, you may want to follow up with the Trustee and your attorney when you receive the notice.  Any claim which is not filed, or not allowed, will not be paid through the plan.  If you complete your plan, any claim that is not allowed or not filed will be discharged.

PAYMENTS TO CREDITORS:  The monthly payment amount you send to the Trustee is used to pay all expenses, including any attorney fees to be paid through the plan, and your creditors.  Payments are disbursed to creditors once a month.

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PAYMENTS

PAYMENTS:  Many Chapter 13 payments are made through a payroll deduction at your place of employment.  It will be easier to remain current if the payment is automatically made from your employer on a regular basis.  The Trustee's office CANNOT ACCEPT CASH OR PERSONAL CHECKS.  You may pay by money orders or certified bank checks and include your name, address, and Chapter 13 case number.  Please make all checks payable to Mark W. Swimelar, Trustee, at this address:

Please note that you will not be able to send payments via FedEx or UPS.  Overnight payments may be sent by U.S. Postal Service Express Mail Service to the P.O. Box address.  Please do not send correspondence to the P.O. Box address.

PAYROLL DEDUCTION ORDERS:  You have the option of making payments on your own or having payments deducted and sent directly by your employer.  However, if you choose to make payments directly, in the event you miss two consecutive plan payments, the Judge may issue an order to your employer to deduct your plan payment from your paycheck and send it to the Chapter 13 Trustee.  While you are under the protection of Chapter 13, this order prohibits your employer from honoring any garnishments, including back taxes, except on-going child support, or as otherwise provided in the order.  It is a good idea to keep pay stubs for your own record of deductions in the event there is any discrepancy in your payment history.

PAYMENTS TO CREDITORS:  The monthly payment amount you send to the Trustee is used to pay all expenses, including any attorney fees to be paid through the plan, and your creditors.  Payments are disbursed to creditors once a month.

FAILURE TO PAY:  If the Trustee's office fails to receive payments on your Chapter 13 plan, the Trustee or a creditor may seek to have your case dismissed.  If something happens to your job or you become disabled, advise your attorney and the Trustee's office at once.  The Trustee will send late payment letters or initiate a payroll deduction order to facilitate payments.  If no response is made, no further payments received, or no motion to modify the plan is received, the Trustee will move to dismiss your case.

BI-ANNUAL TRUSTEE'S LEDGER:  Every April and October you will receive a Report of Receipts and Disbursements which includes all financial activity on your case during the previous six months.  This report will itemize all payments the Trustee has received from you, as well as all payments the Trustee has made to creditors on your behalf.  If you have any questions regarding this report, please contact your attorney or the Trustee's office.  It is in your best interest to review this report.

INCOME TAX INFORMATION:  It is your responsibility to file tax returns on your own every year, or as needed.  You will need to obtain information regarding any interest paid on claims directly from the creditors.  The expenses of your Chapter 13 plan are not deductible for Federal Income Tax purposes.

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