Frequently Asked Questions

Please note that the following information is not to be construed as legal advice. Rather, it is intended for general informational purposes only. As each person’s situation may be different, you are urged to consult with your attorney or seek competent legal advice from an attorney well versed in consumer bankruptcy law regarding your specific circumstances.

When do my Chapter 13 Plan Payments start and where do I send them?

    The law requires that your Plan payments must begin within thirty (30) days from the date on which your case was filed. If you are unsure of the filing date, please consult your attorney or refer to the electronic receipt or file stamp date located on your copy of your bankruptcy petition.

   If you entered into a Wage Withholding Order (so that your Plan payments are deducted from your paycheck), it is still your responsibility to make all Plan payments until your employer begins withholding them.

   All payments must be made payable to Russell C. Simon, Chapter 13 Trustee. Payments are not accepted at the office and must be mailed to:

Russell C. Simon, Chapter 13 Trustee
P.O. Box 1898
Memphis, TN 38101-1898

  To ensure proper credit, you must include your bankruptcy case number on all payments.

   Accepted forms of payment include:

• Payroll deduction
• Cashier’s check
• Money order
• Approved electronic methods (contact your attorney for eligibility) and
• Personal Checks

   Keep in mind that mailing in your plan payment can sometimes take up to 2 weeks before it actually posts to your case, while electronic payments are received much more quickly.   As such, be sure that you make your payments in sufficient time for them to post to your case by the due date.   

Do I have to go to the Meeting of Creditors (341(a) Meeting)?

    Yes. You (and your spouse, if you filed your case together) are required to attend the Meeting of Creditors at the scheduled date and time. This meeting is conducted via Zoom so please ensure that you have downloaded the Zoom program and it functions properly.

   For your meeting to be conducted, you must have provided your attorney the following documents:

• A copy of your government issued identification;
• Documentation showing your Social Security number;
• Copies of your last year’s state and federal income tax returns;
• Copies of statements for all financial accounts on which you are a signatory that show the balance in each account as of the date of filing.

   Please note that these must be provided to your attorney in sufficient time for them to forward these documents to my office at least seven (7) days in advance of the meeting. If they are not timely submitted, your meeting may be rescheduled. 

   You will answer questions under oath regarding your case. No one else may be present in the room with you (except a joint Debtor or your counsel) during this meeting. Please also note that your creditors may attend this meeting and ask you questions. 

What do I need to do if I change my address during the pendency of my case?

   It is essential that both the Court and the Trustee’s office have your current address at all times.

   If your address changes, you (or your attorney) must file a Notice of Change of Address with the Court. This information cannot be updated by phone or letter.

What happens if I change my job?

    If you change jobs, you must notify your attorney and provide:

• Employer’s full name;
• Payroll department mailing address; and
• Copies of your pay stubs.

   If you are under a Wage Order, please note that you are responsible for making payments until a new wage order takes effect. 

 What is the Trustee’s Periodic Report?

    Approximately every twelve (12) months, the Trustee’s office sends a report covering:

• Payments made to the Trustee;
• Funds disbursed to creditors; and
• Remaining claim balances.

   Contact your attorney with any questions regarding this report. 

 When will payroll deductions stop after I complete my plan?

   Once all payments are completed, the Court will notify your employer to stop deductions.

This process may take several pay periods. Any overpayment(s) received will be refunded to you, typically during monthly disbursements.

What happens if I receive a Motion or Objection and do not understand it? 

   If you are represented by counsel, contact your attorney immediately.

The Trustee’s office is prohibited from providing legal advice and will refer you to your attorney.

 How can I check if my payment has been received?

   We encourage everyone to track and follow their case. This can be done by clicking on the link to the National Data Center (NDC) on my website and following the instructions under the “Debtors” section to access your case.

   How do you locate my case if I call the office?

   For general inquiries, you will need your bankruptcy case number.

If you do not have it, you may be asked to provide your Social Security number for identification purposes.

  Can I purchase a car or buy a house while in bankruptcy?

 The short answer is yes; however, there are various steps you must take to seek approval.  These include:

• Discussing the purchase with your attorney;
• Presenting my office (through your attorney) with a written request that contains:
  • A letter of approval from your attorney;
  • A copy of the proposed purchase, including what you are seeking to purchase, the purchase price, interest rate, and length of the loan;
  • A pro-forma Schedule I and J showing your current income and expenses; and
  • Copies of pay stubs to support the income listed.

Once receipt of such a request, my office will either approve or deny the request.  If the request is denied and you still wish to proceed with the purchase, you will need to seek permission from the Court by filing a motion.