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Wage Earner Information
 

This information sheet is provided to all of our clients as a courtesy and as an informative means of answering any routine questions you might wish to ask or might not remember to ask.  Please keep this to refer to in the event you have a question about your case, and refer to it first before calling our office.

1.  WAGE EARNER FILING  You have filed a Chapter 13 under the U. S. Bankruptcy Code in Federal Court which is subject to federal laws.

2.  GARNISHMENTS, FORECLOSURES, REPOSSESSIONS, LIENS  All attachments of any kind must be released after the filing of the petition because a Stay of the Court is issued prohibiting further collection proceedings of any kind by a creditor.  Be sure you have informed this office of any pending or possibly pending actions, so we may have these proceedings ceased as soon as possible after the filing of your petition with the Court.

3.  CREDITOR CALLS (a) If a creditor calls demanding payment for a debt, etc., please inform them you have filed a Chapter 13, Wage Earner, and direct them to call this office so we may verify this information.
  (b)  Your creditor cannot repossess your automobile, appliances. furniture or any other property which you have.  You are not required to give it to them, SO DO NOT.

4.  ESCROW  You must begin making escrow payments into this office the first payday following the preparation of your petition with us.  You will be advised of the amount of these payments.  These payments cannot be missed.  These payments must be in cash or by a money order.  DO NOT MAIL CASH.  You may mail a money order in the event you cannot bring the payments by in person. Make all payments to HOMER M. SCARBOROUGH, JR. TRUST ACCOUNT. NO PERSONAL OR THIRD PARTY CHECKS ARE ACCEPTABLE.

These payments should be made directly by you to my office until the amounts are deducted from your paycheck automatically.  Once you have appeared for the court hearing, all future payments will be made directly to the Trustee's Office.  It is YOUR responsibility to see that payments are being made to the Trustee so keep all receipts or check stubs.

If you receive a letter from the Trustee shortly after you file your petition giving instructions as to how to pay the escrow, etc., call this office immediately for further directions.

5.  COURT HEARING  A few days after the filing of your petition, you will receive a notice from the Court with the Court date on it.  Please call my office immediately and verify you have picked the right date off this notice since two different court dates will be listed on it.  IT IS IMPORTANT YOU APPEAR FOR THIS HEARING, AND YOU CANNOT MISS APPEARING AT THIS HEARING.  If you fail to appear, the Trustee will have grounds to dismiss your case.

6.  FUTURE CREDIT, CHANGE OF ESTATE STATUS  You cannot buy anything on credit or pay another creditor (other than regular living expenses) while you are under a Chapter 13.  Anytime there is a change in your employment or income status, your plan may be subject to a revision based on the change involved.  Anytime you wish to incur new debt, pay off a mortgage, reduce the amount of your payments, etc., you must first seek permission from the Court.  A violation of this rule could subject your case to dismissal by the Court.

7.  CURRENT ADDRESS & PHONE NUMBER  Please keep this office and the Trustee's Office informed of any change of address or phone number.  It is very important that we, the Trustee, and the Bankruptcy Court always have current information and know how to reach you in the event of an emergency.  DO NOT rely upon a forwarding address request filed with the U.S. Postal Service.  Notify this office directly!

8.  TAX RETURNS Do not file your yearly tax returns through RAPID return as this is considered to be a loan.

9.  CHANGES IN PAYROLL DEDUCTIONS If  for any reason your payroll department stops making Chapter 13 Plan deductions from your check, it is your responsibility to inquire as to why the change.  Call this office if you should have any questions.
 


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