The Trustee encourages all Debtors to use the TFS Payment System to make plan payments electronically. If you are not using the TFS Payment System:

Can I make plan payments in person, or mail them to the office address?

No. Plan payments must be mailed to the lockbox address found on the contact page.

Is there anything I need to include with my bankruptcy plan payment?

You need to make sure your bankruptcy case number and last name is written clearly ON your payment.

Can I mail a personal check?

No. If you mail a personal check to the lockbox address, it will be returned and you may be considered delinquent.

If I can’t send a personal check, what other type of payment will the Trustee accept?

The Trustee will accept either a cashier’s check or money order. Be sure your bankruptcy case number and last name are noted on the payment. The cashier’s check or money order should be made payable to Carey Ebert, Chapter 13 Trustee. Do not alter the payee’s name on a cashier’s check because the bank will reject this check as fraudulent.

I will not be able to pay my plan payments this month. What should I do?

Contact your attorney immediately.

Can my payment due date be changed?

Only the court can change the due date for your payments. Contact your attorney for assistance in filing the proper paperwork to request a change in the due date.

How do I see what is happening in my case? How can I keep track of the payments I have made to the Trustee?

You may register for free with the National Data Center (NDC) and see everything that is happening in your case. The website will show you when your payments have posted to your account, what creditors have filed claims as well as copies of your Annual Report and other information. Visit ndc.org for more information.

The Trustee’s office accepts documents using BK Documents, a secure documents transmission portal. Documents can only be uploaded through a secure documents portal located at www.bkdocs.us. Documents must be submitted in pdf format. No other format will be accepted. Each document should be redacted to eliminate any personal identifiable information (PII).

Instructions for registering for BKDOCS

I’m late with plan payments. Can I make them up at the end or make a payment arrangement?

Contact your attorney if you become late with your plan payments. Your attorney may propose a payment arrangement for approval by the court.

I received a Trustee’s Motion to dismiss my case for delinquency. What does that mean?

Your case could be dismissed if you do not become current on your plan payments. Contact your attorney for assistance.

I received a Trustee’s Motion to Dismiss for my case due to feasibility. What does this mean?

This means that while you may (or may not) be making your bankruptcy plan payments, the balance of your plan will not pay out prior to the end of your plan. For further questions, please consult with your attorney.

I received a Trustee’s Motion to Dismiss for my case due to “tax returns” What does this mean?

If you are required to submit copies of your tax returns to the Trustee each year that you are in bankruptcy, failure to do so may result in dismissal due to tax returns not submitted to our office.

I received a Trustee’s Motion to Dismiss for my case, but I am current on my bankruptcy plan payments and have submitted all my tax returns.  What can I do?

Please consult with your attorney. The Trustee and her staff are prohibited from providing debtors with legal advice.

How are my Creditors Paid?

The plan payments that you send to the trustee are used to pay your creditors, as well as your attorney and the trustee. Your Chapter 13 plan determines which creditors are paid, the amounts of their payments, and when they will start receiving payments. Your attorney should be able to sit down and explain to you how the proposed payments to your creditors will be paid by your plan.

I just received a copy of the trustee’s Annual Report, and there is a creditor listed that was discharged in my prior Chapter 7 case. What will the trustee do with this claim?

Contact your attorney to assist you in dealing with the claim. Unless the claim is withdrawn by the creditor or disallowed by the court, the trustee will pay the claim. Calling or writing to the trustee will not prevent the claim from being paid. Either the creditor must amend or withdraw its claim, or the court must order that the claim be disallowed.

What is a Trustee’s Reconciliation Concerning Claims (TRCC)?

After the claims bar period expires, the trustee’s office will mail the TRCC to you and your attorney and all creditors listed in your case. TRCC will be based on the claims register from the court and any conformed proofs of claim received by the trustee. The TRCC will list all creditors who have filed claims, all creditors listed on your schedules who have not filed claims, and the amount of each claim. You should review the TRCC promptly and carefully. All filed claims listed on the TRCC, including duplicate claims, late-filed claims, or claims which were discharged in a prior Chapter 7 case, will be paid by the trustee unless you successfully object to the claim or the creditor amends or withdraws the claim. You are in the best position to know whether the claims listed on the TRCC are legitimately your debts. Therefore, it is your responsibility to ensure that only valid claims are paid. If you feel that you do not owe certain debts listed on the TRCC, contact your attorney. Do not contact the trustee. Unless there is a court order, the trustee has no authority to withhold payments to a creditor who has filed a proof of claim. If you do not schedule a hearing and successfully object to the claim, or if the creditor does not amend or withdraw the claim, the trustee will pay the claim as filed. Letters or telephone calls to the Trustee do not constitute objections to claims and will not stop the TRCC period from running. The form and content of objections to claims are governed by Local Bankruptcy Rules and other applicable law.

I want to pay off my plan early. What do I do?

An early payoff may require all allowed claims be paid in full. Please contact your attorney so the attorney may verify the balance of all claims filed in your case.

How do I find out the payoff amount?

You may send a written request to the trustee’s correspondence address asking for an estimated payoff amount. Understand, however, that any payoff figure you receive from the trustee’s office is an estimate. It will not include any filed claims of which the trustee is not aware, nor will it include interest that will accrue in the future on any secured claims. If your plan pays less than 100% to your unsecured creditors, you may be required to increase that percentage to 100% if you are seeking to pay your plan off early. Contact your attorney for more details.

I just made my last plan payment. When will I get my discharge?

After the final plan payment has been made, there are a series of steps that must be completed before a discharge is granted. You must file your 1328 certificate(s) verifying eligibility for a discharge. Once all disbursement checks have been negotiated, the trustee’s office will file a Final Report and Account. Creditors are given a period of time to object to the Final Report and Account. After that time has passed and no objections have been filed, the trustee’s office will request an Order Approving the Final Report and Account. The court will then docket a Notice of Intent to Enter Chapter 13 Discharge. If no objections are filed within 14 days of the Notice of Intent to Enter Chapter 13 Discharge, the court will enter a discharge, issue a Final Decree and close the case. The discharge process generally takes four to six months.

What am I required to do regarding filing tax returns after my plan is confirmed by the Court?

You are required to file your tax returns timely and pay any tax due each year you are in Chapter 13. You should send your tax return to your attorney and your attorney will provide a redacted copy to the Trustee’s office. If you have any questions about your tax return, you will need to consult with your attorney.

What am I required to do on receipt of my tax refund each year?

The Eastern District Form Plan allows every debtor to receive up to $2000 in a tax refund. If you receive a refund of less than $2000, you may keep the entire refund and do not need to send any money to the Trustee. If you receive a refund of more than $2000, you need to hold the entire refund until you have spoken with your attorney about how much you are allowed to retain.

Tax Return Form Letter

I need to buy a new car, and the dealer says I must get a letter from the trustee. Can I get a letter from the trustee?

The Trustee is authorized by the Court to provide an approval letter subject to the following:

Your confirmed plan must have language authorizing a Request to Incur Debt (buy or lease a vehicle, buy or refinance a home). If your plan did not have this language, you must file a motion to incur debt with the Court. If you have questions about this process, you need to consult with your attorney.

If you have the authorized language in your confirmed plan, the Court has set out certain parameters for obtaining credit post-confirmation. For an automobile it is $20,000 and a maximum payment of $500 per month. For a mortgage it is $250,000 and a maximum payment of $2500 per month.

You are responsible for making all your mortgage payments after the filing of your case and you are required to make those mortgage payments timely throughout the course of your case.

The Eastern District Form Plan requires the Trustee to monitor those payments over the lifetime of your plan. The Court requires the Trustee to submit twice a year a report indicating whether you are current or delinquent on your post-petition mortgage payments.

How do I prove I have been making my mortgage payments?

You are required to provide the Trustee proof of each payment made by sending a copy of your mortgage statement, payment receipt or bank statement reflecting a withdrawal or check paid to your mortgage company. You should send them to the Trustee’s office using the Bankruptcy Documents Portal. Instructions on using the BKDocs Portal is located on the Attorney Tab/Documents or by clicking here. Remember you must send proof in the form of a PDF. The BKDocs Portal cannot accept jpg files. All documents sent must be in a PDF format. If you need assistance with this, you will need to contact your attorney.

BANKRUPTCY DOCUMENTS PORTAL

What happens if I miss a mortgage payment?

You should contact your attorney as soon as possible if you are having difficulty making your mortgage payments after filing in order for your attorney to provide you with advice and options.

I received a Show Cause Order from the Court that says I must appear and explain why my case should not be dismissed because I did not provide proof that I paid my ongoing mortgage payments. What does this mean?

Your confirmed Chapter 13 plan requires you to provide the Trustee with proof of payment for each mortgage payment due while you are in Chapter 13. These direct payment obligations are required to successfully complete your Chapter 13 plan. The Trustee is required to report to the Court twice a year those debtors who have not provided proof of payments. When this report is filed, the Court issues a Show Cause Order requiring you to appear. Please consult with your attorney as to how you can resolve this matter without having to appear in Court.

You are required to complete the Financial Management Course as a condition of receiving a discharge in your Chapter 13 case. Please contact your attorney if you have any questions and to obtain information on approved courses.

The Trustee offers a free course through the Trustee Education Network.

I have moved. How do I notify the trustee of my new address?

In order for the trustee's office to update its records, a Change of Address form must be completed and filed with the court. The form can be found on the United States Bankruptcy Court Eastern District of Texas website. It should be filled out and returned directly to the court for processing. Please contact your attorney for assistance with updating your address.

What if my address has changed?

Please contact your attorney so the appropriate notice may be filed with the Court.

What if my employer has changed and I am on a wage order?

Your attorney will need to file the appropriate documents so that your plan payments are timely made.

What if I receive money from a lawsuit, insurance proceeds, lottery winnings or an inheritance?

If you receive money or property from a lawsuit settlement, insurance proceeds, lottery winnings, an inheritance, or any other unexpected source the first thing you need to do is notify your attorney and the Trustee. You must not spend any of the funds until directed by the Court.

I have been advised by my attorney I am getting a refund from the Trustee’s office. Can I pick up my check in person?

No, for security reasons, all checks must be mailed to the address that is on file with the Bankruptcy Court. If you have moved or your mailing address has changed, please contact your attorney immediately so this information can be updated with the Court. The Trustee will only mail a debtor refund check to the address on file with the Court.

I’ve lost my social security card, what can I do?

If you cannot locate your social security card you may apply online for a replacement card here.