Contact us now

FAQ

PAYMENTS
1. Can I make my plan payment in cash or by personal check or credit card?
No. The Trustee does not accept cash, personal checks or credit card payments.
2. Can I set up automatic debits from my personal bank account for my plan payments?
No. The only way to set up automatic payments is through TFS.
3. Can I bring my first plan payment to the meeting of creditors?
Yes. The Trustee accepts money orders and cashier/bank checks at the meeting site.
4. Can I make my first plan payment prior to the meeting of creditors?
Yes. You can mail the payment to the post office box in Tennessee or make a payment through TFS.
5. What happens if I don’t have my first payment by the time of the meeting?
The Trustee will file a motion to dismiss your case for failure to make plan payments.
6. How often do I have to make payments?
You are required to make monthly payments unless your confirmed Chapter 13 plan provides otherwise.
7. Will I receive a monthly statement for my plan payments?
No. The Trustee does not send out statements. You are responsible for making sure that your payments are timely made.
8. Can I bring my payment to the Trustee’s office?
No. The Trustee does not accept payments at her physical address.
9. Does the Trustee charge a late fee?
No. The Trustee does not charge late fees or impose any penalties for late payments.
10. What happens if I fall behind in my payments?
The Trustee will file a motion to dismiss your case for failure to make payments. You should contact your attorney to discuss your options. If you cannot cure the arrears your case will eventually be dismissed.
11. Can I pay my plan off early?
You are required to pay all of your disposable income to the Trustee for the required term of your plan. In some circumstances you may be able to pay your plan off early. For example, if your plan is paying a 100% dividend to all of your creditors. You should consult with your attorney to determine whether you are eligible for an early payoff. If you are not represented by counsel you will need to consult the bankruptcy code and local bankruptcy rules.   You should not send the trustee money to pay off your plan in full until you have determined whether or not you are eligible for an early payoff.
12. Can I make extra payments to pay my plan sooner?
Sending additional payments to the trustee will not necessarily result in a surplus or allow you to pay your plan off any earlier. Additionally, extra payments may result in a greater dividend to your creditors. You should consult with your attorney before sending any additional payments or if your financial situation has changed.
13. What happens to my automatic TFS payments if my case is dismissed or converted or after my plan is completed?
If you dismiss or convert your case voluntarily or it is dismissed or converted by the court you are responsible for stopping the automatic payments set up through TFS. They will not be stopped automatically. You should also stop the automatic payments once your case once your plan is completed and you are awaiting discharge.
14. How is the trustee’s commission determined?
The trustee’s commission is determined by order of the united states attorney general. The calculation of your plan payment utilizes a 10% trustee commission. In the event that the trustee’s commission is less than 10% the additional funds collected by the trustee shall be disbursed to creditors up to 100% of the allowed claims, unless the confirmed plan provides otherwise.
15. When are my payments due?
Payments are due on the first day of each month unless your plan specifies otherwise. However, as long as your payment is received by the Trustee on or before the last day of the month the Trustee will consider the payment to have been made timely.
  THE MEETING OF CREDITORS
1. How can I send my documents to the Trustee’s office prior to my meeting?
You can send the documents by mail, fax, or by email to . The preferred method of delivery is email.
2. When should I send my documents to the Trustee?
You must provide all documents to the Trustee at least 7 days prior to the meeting date.
3. Do I have to attend the meeting of creditors?
Yes, you are required as a debtor to appear at the meeting and be examined by the trustee.
4. What if I can’t come to the meeting of creditors?
If you are represented by an attorney you should call them to discuss your options. It is possible to continue a meeting if the Trustee receives a payment, and there are other circumstances which would allow for a continuance. If you are not represented by an attorney you can call the Trustee’s office to discuss your options. Do not call the clerk’s office or file a motion with the court requesting a continuance of the meeting.
5. How do I know if my meeting has been cancelled because of the weather or an emergency?
If the Trustee needs to cancel your meeting due to inclement weather she will contact your attorney or contact you directly if you are not represented by an attorney. If you are not contacted by your attorney or the Trustee you should assume that your meeting is being held as scheduled. If you are unable to attend your meeting due to a weather emergency or other emergency you should contact your attorney or if you are not represented by an attorney contact the Trustee as soon as possible.
6. What will happen at the meeting of creditors?
At the meeting the trustee will place you under oath and examine you regarding your petition, schedules and plan. Creditors may attend the meeting and ask questions about their claims and about your schedules and plan.
7. What should I bring to the meeting?
You should bring a payment if one has not already been made, your driver’s license or other government issued picture id, your social security card or something showing your complete social security number (not a tax return of other self-generated document) and any documents not already provided to the trustee. If you do not have satisfactory identification the trustee will not hold your meeting and will file a motion to dismiss your case and/or reschedule the meeting.
8. What if I need an interpreter for the meeting?
The trustee will provide an interpreter for you. You do not need to bring your own interpreter.   If you are represented by an attorney you should let them know in advance that you need an interpreter.
9. Why was my meeting held open for taxes?
Your meeting was held open because you had unfiled tax returns during the 4 years prior to the date you filed your petition. You (or your attorney) were provided with an instruction sheet at the meeting. You should make sure that the returns are filed and then fill out the affidavit on the back of the instruction sheet provided at the meeting. If you have questions contact your attorney. You can also contact the IRS and/or the MDOR for further information about the outstanding returns. If the taxing authority has filed a notice of unfiled returns in your case, the trustee cannot recommend your plan for confirmation. You need to contact the taxing authority directly and provide the information needed for them to withdraw the notice. Otherwise your case will ultimately be dismissed.
  GETTING INFORMATION ABOUT YOUR CASE
1. Can I call the Trustee’s office to talk about my case?
The Trustee’s office can only provide information regarding the status of your case and payments. The Trustee cannot provide you with any legal advice or otherwise advise you on how to proceed with your case. If you are represented by an attorney you should call your attorney with questions about your case.
2. What if I do not have an attorney?
If you do not have an attorney the Trustee is not able to provide you with any legal advice. The trustee can only discuss general information about your case.   You may also contact William Mcleod, the pro se law clerk for the bankruptcy court, at (617) 748-5351. You can find more information about filing without an attorney here:   http://www.mab.uscourts.gov/mab/filing-bankruptcy-case-without-attorney
3. How can I see what has been filed in my case?
If you are represented by an attorney you can ask them for assistance. You can also call the clerk’s office at (617) 748-5300 for information about viewing your court docket or go to the bankruptcy court in person to view your case docket.
4. How can I find out how much I have paid to the Trustee?
You can access that information through the NDC website. You can also call the Trustee’s office for questions about payment history.
  GENERAL INFORMATION
1. What happens when my plan is over and I have made my last payment?
If you are represented by an attorney you should call your attorney and let them know you believe you have made all payments. Your attorney can then contact the trustee to verify that there is no outstanding balance. If so the trustee will begin the process of closing your case and you will receive a final report from the trustee. Your attorney will then file a motion for entry of discharge with the court. Your attorney can provide you with further details. If you are not represented by an attorney you can call the trustee’s office to inquire whether there is any outstanding balance and then wait for the final report before filing a motion for entry of discharge. The form for requesting a discharge can be found on the bankruptcy court’s website: http://www.mab.uscourts.gov/mab
2. I received a motion to dismiss in the mail. What do I do?
If you are represented by an attorney you should call them to discuss the motion. If you are not represented by an attorney the trustee can provide you with information as to why the motion was filed but cannot provide you with any legal advice or advise you how to respond to the motion.
3. Can I sell/refinance my home while I am in bankruptcy?
You can sell your home and/or refinance your home while in bankruptcy provided you have received permission from the bankruptcy court to do so. The Trustee cannot grant you permission to sell and/or refinance your home. If you are represented by an attorney they can file a motion with the court requesting permission to sell and/or refinance. If you are not represented by an attorney you are required to file a motion with the court and comply with the local rules of the bankruptcy court regarding a sale and/or refinance.
4. What happens if I need to buy/lease a new car while I am in bankruptcy?
You need the approval of the bankruptcy court. Contact your attorney to discuss your options and file the appropriate motion with the court. If you are not represented by an attorney you will need to review the local bankruptcy rules to determine what must be filed with the court. The Trustee cannot grant you permission to buy/lease a vehicle and will not provide letters authorizing you to buy or lease a car.
5. Do I have to attend every hearing the court schedules in my case?
Most hearings are non-evidentiary and require only that your attorney appear. However, you should always check with your attorney to see if you need to attend. If you are not represented by an attorney you should attend hearings that are scheduled in your case.
6. What should I do if I move while I’m in bankruptcy?
If you are represented by an attorney let them know as soon as possible so that they can file a change of address with the court. If you are not represented by an attorney you need to notify the court of your new address. The trustee cannot change your address in her system absent an official notice from the court. Calling the trustee is not sufficient to change your address with the court.