Archive for Apr, 2009

Apr
30

Where in Vancouver are the Chapter 13 Creditors Meetings?

In Vancouver, Washington, the Chapter 13 Creditors Meetings(also commonly referred to as Chapter 13 341 Meetings) are all held on the second floor of the Federal Building at 500 West 12th Street, Vancouver, Washington 98660.On-steet metered paking is readily available, but the parking lot in front of the building is for federal employees only.

Make sure to bring plenty of change. Photo ID and proof of your social security number.

Apr
30

What if I Miss the Portland Chapter 13 Creditors Meeting?

If you miss the Chapter 13 Creditors Meeting in Portland, you should immediately contact your Bankruptcy attorney. Depending on the circumstances, your Bankruptcy Attorney may be able to file a Motion to Adjourn the Creditors Meeting in order to reschedule the meeting. If the motion is denied, you can refile your bankruptcy case.

Apr
29

Listing All Your Creditors in Vancouver Chapter 13 Petition

You must list all of your debts and property in your Chapter 13 bankruptcy petition. The petition you sign, under penalty of perjury, says that you have listed all your property and debts. 

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Apr
29

When Do I Stop Paying the Portland Chapter 13 Bankruptcy Trustee?

You or, more likely, your employer should keep making payments until the Portland Chapter 13 Trustee specifically requests that the payments cease. The Trustee will inform your employer directly when the payroll deductions are no longer required and should cease.

Depending on whether your income places you below or above Oregon’s median income level, you may be required to make payments to the Trustee for at least three years and perhaps as long as five years. It can be difficult to predict the exact outcome of your case when it is filed.

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Apr
28

Where is the Portland Chapter 13 Creditors Meeting Held?

The Chapter 13 Meeting of the Creditors is held at the Wells Fargo Tower at the Chapter 13 Trustee’s Office, 1300 S.W. Fifth Avenue, Suite 1700, Portland, Oregon 97201. Finding parking on the Street for your hearing may be difficult. Paid Parking is of course plentiful and can even be found under the building for about five dollars per hour. Parking is also available at the Smart Park Garages at both Fourth and Yamhill and First and Jefferson.

Apr
27

Do Not Miss any Payments to the Portland Chapter 13 Bankruptcy Trustee

You must not miss any payments to the Portland Chapter 13 Trustee unless it is permitted by the bankruptcy judge. When you file your Chapter 13, your creditors are prohibited from taking any action against you. In exchange for that protection, you must complete all your obligations under the plan.

Your principal obligation is making your payments to the Portland Chapter 13 Trustee on time. If you want your Chapter 13 to be successful, you cannot have your employer cease making the automatic payroll deductions. If you do miss payments, the Portland Chapter 13 Trustee cannot pay your creditors as required by your plan and the Trustee is obligated to file a request for dismissal with the Bankruptcy Court. If your case is dismissed, your creditors will be quickly notified. Once they are notified, they will likely commence collection efforts against you.

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Apr
25

Listing Creditors in Your Chapter 13 Bankruptcy Petition

You are required by law to list all of your debts and possessions in your bankruptcy papers. The petition you signed, under penalty of perjury, says that you have done so. Contrary to popular belief, you can’t pick and choose who gets listed. 

If you forgot to list some of your property it could cause big problems for you if you don’t change your bankruptcy papers. You can add creditors or property you forgot by amending your schedules. This requires a small fee to the bankruptcy court.

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Apr
24

The Goal: Chapter 13 Bankruptcy Discharge

A discharge is your biggest goal. The discharge order is a document prepared by the Oregon Bankruptcy Court and signed by your judge. It means you have completed the requirements under your plan.

Most, if not all, of the creditors you listed may never again contact you about those debts. If you have some non-dischargeable debts, such as student loans or child support that have not been paid in full during your plan, those creditors may contact you again about payments of those debts. The Trustee must audit and review your case before the Bankruptcy Court will issue the discharge. This normally takes about 60 days. During that period the Trustee checks and double checks your payments and reviews your case to ensure that you have done everything required from his standpoint. Then the Trustee notifies your Bankruptcy Judge and the Court will then issue your discharge in approximately 30 days.

Apr
24

The Disposable Income Requirement In Chapter 13

The Bankruptcy Code requires that you to send all your disposable income to the Chapter 13 Trustee for at least three years and in some cases for up to five years. Your disposable income is the amount left over after you subtract your reasonable and necessary living expenses from your net income.

This amount is shown as your payments set out in paragraph 1 of your plan. Sometimes it will take more than 3 years to complete your plan. There is, however, one exception to this 3-year rule. You may pay off your plan before 3 years if you pay all creditors who have filed claims 100%. If you can’t pay the full 100%, you must make your plan payments for at least 3 years before you are eligible for discharge. You can ask to pay off your plan after 3 years only if you can pay 100% of what is due to the creditors who must be paid during the life of the plan. These include secured creditors; priority tax claims and sometimes back child support.

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Apr
24

Portland Chapter 13 Bankruptcy Trustee Requires Copies of Tax Returns.

In Oregon, the Judge’s Order approving your Chapter 13 plan states that you must submit signed and dated copies of both your federal and state tax returns  to the Trustee every year during your plan whether you get a refund or not.

Send your tax returns and any other documents other than your plan payments to: Brian Lynch, Trustee 1300 SW Fifth, Suite 1700 Portland, Oregon 97201 Note: Do Not Send Originals. Please send these copies to the Trustee immediately after you file the returns. The Trustee will check the returns to see if your gross income has increased and/or if you are entitled to receive a tax refund.

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