Information & FAQ

The Chapter 13 Trustee administers Chapter 13 bankruptcy cases in the Eastern District of Kentucky. The office collects plan payments, distributes funds to creditors, and helps the court confirm and complete repayment plans.

No. The Trustee's Office cannot give legal advice. If you have questions about your rights or options, please speak with your attorney.

Authorized users can sign in to the Trustee Document Portal from this website. You may also contact your case manager with the details listed in the staff directory.

You may pay online through TFS Bill Pay or mail a payment to the trustee payment address listed on the Contact page. Do not send plan payments to the Lexington office.

Chapter 13 Trustee, EDKY, PO Box 1766, Memphis, TN 38101-1766. Use this address for Chapter 13 plan payments only.

Payment history is available through the National Data Center and the Trustee Document Portal. Contact your case manager if you need help locating a payment.

Most 341 meetings are held by video. Use the meeting code and passcode on the 341 Meetings page, and join a few minutes early from a quiet location.

Bring a valid photo ID and be prepared to confirm the information in your petition. Your attorney can tell you if any additional documents are required.

The 341 meeting questionnaire is listed on the 341 Meetings page and in Forms & Resources. Complete it before your scheduled meeting.

Attorneys typically file documents through ECF. Debtors should work with their attorney or use the Document Portal when a portal upload is requested.

Local forms and helpful resources are collected on the Forms & Resources page of this website.

Use Find Your Case Manager. Case managers are assigned by division and the last digit of the case number. You can also browse the staff directory on the Contact page.

To receive the benefits of Chapter 13, you must: • list all of your property and all of your debts in your bankruptcy papers • be honest with your attorney, the Trustee, your creditors, and the Bankruptcy Court • comply with all Bankruptcy Court orders • provide documents requested by your attorney or the Trustee in a timely manner • make all payments required by your plan, and make them on time • attend all hearings unless your attorney tells you otherwise • file all required tax returns and pay all taxes that come due while in your chapter 13 case; and • contact your attorney if your circumstances change while you are in bankruptcy. See “Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys” at /forms/rights-and-responsibilities-debtors.pdf

Yes. Sometimes a person wants to keep property that has sentimental value or they don’t want their creditors to get it. They might not want to include it in their bankruptcy papers, or they might give it away to a family member or close friend before they file bankruptcy. This type of conduct could be considered bankruptcy fraud, which is a federal crime. It also could be a sign of “bad faith,” which could cause a person to lose their bankruptcy protection. When you sign your bankruptcy papers, your signature is a declaration under penalty of perjury that the information is true and correct. Your testimony at the section 341 meeting of creditors is under oath. You must provide accurate, truthful, and complete information to your attorney, the Trustee, your creditors, and the Bankruptcy Court.

Tell your attorney immediately so amended papers can be filed.

You must list all of your creditors. You cannot pick and choose which creditors to list in your bankruptcy papers.

Notify your attorney. If you are better off because you received money that you didn’t expect (like an inheritance or settlement of a lawsuit), your creditors might share in your good fortune. If your circumstances change for the worse, your creditors might receive less than what was originally projected. There are many options for dealing with changed circumstances. Your attorney is there to give you advice relating to your chapter 13 case.

Notify your attorney. Your attorney must file the appropriate notice with the Bankruptcy Court.

Your attorney should be the first person you contact if you have questions or problems at any time while you are in bankruptcy.

Making payments online through either TFS Bill Pay (https://www.tfsbillpay.com) or Truist ePay is the most secure and reliable way of making your plan payments. See the section in these FAQs about Plan Payments for additional information.

Your attorney represents you in most matters arising in your Chapter 13 case and should be the first person you contact if you have questions or problems. In the Trustee's opinion, your attorney should: • be knowledgeable about bankruptcy, especially Chapter 13 • represent you competently and attend hearings on your behalf • spend a reasonable amount of time with you to discuss your case • be reasonably available to handle relevant issues during the entire time you are in bankruptcy; and • advise you of your options and help you make decisions about your case.

Most attorneys will agree to have some or all of their fees paid through the Chapter 13 plan, including fees for some services performed after confirmation. Other attorneys may require fees to be paid before taking action and may charge additional fees for services needed after confirmation. Your fee arrangement with your attorney must be in writing, and your attorney must disclose the fee arrangement in your bankruptcy papers.

The Bankruptcy Court allows attorneys to select a flat fee – up to $4,500 (as of 02/2025) – for representing you during your chapter 13 case. In certain circumstances, the attorney may request additional compensation. If your attorney will be paid the no-look fee, you and the attorney must agree to the terms of a document called “Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys” which is available at /forms/rights-and-responsibilities-debtors.pdf.

Don’t be shy about asking your attorney to explain something again, or to speak more slowly, or to rephrase something.

First, remember that your attorney might have dozens of clients like you, all of whom have important issues that the attorney must address. Be patient. When you leave a message, give the attorney or their staff a short description of the reason for your call. A delay of several days might be acceptable for some matters. Other matters might need immediate attention. If you don’t get a response (by call, text, or email), follow up. Keep track of when you called or emailed. If you feel you are being ignored, send a letter by certified mail stating your concerns. If you still don’t get a response after several attempts over a period of time, let the Trustee’s office know. You might also consider whether to change attorneys.

Internet research is helpful but not perfect. Ask your attorney why the information is different. Chances are good that your attorney is more informed about your situation, local practice, controlling law, or other factors that would explain the differences. Your attorney has ethical duties in representing you. The internet does not.

First, try to discuss the problem with your attorney. If that does not resolve the matter, you have the right to seek another lawyer. Tell any potential new attorney that you are considering replacing your current attorney. You may also contact the Kentucky Bar Association, which regulates attorney conduct. Go to https://www.kybar.org and look for information on dispute resolution or filing a complaint.

No, but the Trustee strongly encourages you to have an attorney represent and advise you. The Trustee does not and cannot represent you.

If you file without an attorney, you will be expected to do the things an attorney would otherwise do for you. The Trustee's office cannot tell you what your rights are, explain bankruptcy procedures, give legal advice, provide bankruptcy forms, or tell you how to file something.

A bankruptcy petition preparer is a non-attorney who can prepare bankruptcy documents for you but cannot represent you or give you legal advice. They cannot advise you whether to file bankruptcy, which chapter to file, whether you can keep your property, what exemptions you can claim, whether you will receive a discharge, what your rights are, or give other legal advice.

You may call the Trustee's office: • if you made an online payment to the Trustee more than seven (7) days ago and it has not posted to your case • if you made a payment by check or money order more than twenty-one (21) days ago and it has not posted to your case • to verify your due date • to request a printout showing payments you have made; or • to request a written payoff estimate. Do not call the Trustee's office: • to ask if we have received your payment (except as stated above) • to report that your payment will be late • to ask for permission to skip a payment • to ask if you can sell property (car, house, etc.) • to ask if you can buy a car or house • to ask that your case not be dismissed • to ask the Trustee to lower or suspend your payment, give you a discharge or hardship discharge, or convert your case • to get a copy of your bankruptcy papers • to get a lien released; or • to ask about your credit report.

Send an email to questions@ch13edky.com. Put your case number in the subject line. Make sure your name and case number are in the body of the email. If you must call the Trustee's office, contact the Case Manager for your division. Have your case number with you. The telephone number is (859) 233-1527. Follow the automated attendant's instructions to reach your Case Manager. Office hours are 9:00 AM to 4:00 PM, Monday through Friday. For security reasons, the Trustee's staff may ask you to verify information such as the last four digits of your Social Security number or your address. Telephone calls may be recorded.

You are required to attend the section 341 meeting and give testimony under oath. The Trustee or the Trustee’s representative will ask you questions about your bankruptcy paperwork, your property, debts, income, expenses, and other related matters. Creditors may join the meeting and ask questions, too. The meeting is usually conducted via Zoom. Although it is not a hearing before a judge, it is a proceeding conducted under federal bankruptcy law. Dress appropriately and respectfully as if you were attending a hearing in person. The meeting is recorded. The recording is preserved by the U.S. Department of Justice, Executive Office of United States Trustees. The United States Trustee Program has more information at https://www.justice.gov/ust/moc. You may join your 341 meeting at http://www.ndc.org/zoom/lexg.

Using http://www.ndc.org/zoom/lexg to join your section 341 meeting makes it easy for you to enroll in the NDC so you can monitor your case. Learn more about the NDC at https://www.ndc.org.

Chapter 13 involves repayment of debt to your creditors and generally allows your property to be protected from creditors. Your proposal for repaying creditors is called a “Plan.” The payments you make to the Trustee's office are your “Plan Payments.” The plan must meet legal requirements before the Bankruptcy Court can approve, or “confirm,” it. One of the duties of the Trustee is to determine whether the plan is confirmable. Creditors also have the right to object to the plan. You make the payments required by the plan to the Chapter 13 Trustee, who distributes the funds according to the plan. Your plan may also require you to make some payments directly to creditors. Ask your attorney whether you need to make any payments (for example, your mortgage payment) directly to the creditor.

The amount you must pay and the length of the plan depend on several factors, including your applicable commitment period, your disposable income, the amount of equity in your property, the amount of secured claims and priority claims that must be paid during your time in chapter 13, and other factors.

A plan usually lasts three to five years and cannot last longer than five years.

Yes. A plan may require payments to increase at certain times. For example, if you are repaying a loan from a 401(k) or other retirement account when you file, the Chapter 13 payment may need to increase by the amount of that loan payment when the loan is paid off. Other circumstances can also require a “step plan.” Ask your attorney whether your payment will change and when.

Schedules I and J are your budget. Schedule I must accurately state your income and payroll deductions. The expenses you list on Schedule J must be reasonable and necessary. The Trustee uses these schedules to determine whether you are paying into the plan what you are able to pay and whether you can afford the proposed plan payment.

Many people initially find it difficult to change their lifestyle and live on a budget. Some belt-tightening is expected, with a focus on needs rather than wants. Other debtors try to live on a shoestring budget so they can keep a house or other property that they just can’t afford. Debtors who are successful in their chapter 13 cases are those who develop money management skills and set reasonable and realistic spending priorities. In the long run, learning to budget your money is a tremendous benefit to being in chapter 13.

Your first full monthly payment to the Trustee is due 30 days after your bankruptcy case is filed. This is true even if your case is filed before your plan has even been prepared. Within a few days after the case is filed, the Trustee sends a Payment Information sheet showing the date the first payment is due. If your plan was filed with the petition, the payment amount will also be shown. If the amount is not shown, contact your attorney immediately to find out how much you must pay.

The Trustee encourages you to make payments online through either TFS Bill Pay (https://www.tfsbillpay.com) or Truist ePay. Making plan payments online is more secure and reliable than sending paper checks or money orders by mail. TFS Bill Pay, a third-party vendor, offers excellent customer service and flexible payment options for a fee ranging from $0.99 to $9.99 per payment. Make payments from your bank account, a Debit Mastercard, from your paycheck, or by cash through MoneyGram. Truist ePay is offered through the Trustee’s bank. The fee is only $1.00 per payment, which helps reduce the Trustee’s bank fees, but we do not provide any telephone or online customer support. We try to respond to emails during regular business hours. You must have a bank account to use Truist ePay. Through either TFS or Truist ePay, you may set up recurring payments or make a one-time payment. You may pay weekly, bi-weekly, semi-monthly, or monthly, on the date(s) that you choose.

You can use TFS Bill Pay (https://www.tfsbillpay.com) or Truist ePay to make plan payments to the Trustee electronically. Through either TFS or Truist ePay, you may set up recurring payments or make a one-time payment. You may pay weekly, bi-weekly, semi-monthly, or monthly, on the date(s) that you choose.

You can choose to have your plan payment deducted from your paycheck through a Payroll Deduction Order issued by the Bankruptcy Court and served on your employer by the Trustee. This is a free, convenient way to make payments if you have steady employment.

To pay by money order, please use the MoneyGram option through TFS Bill Pay (https://www.tfsbillpay.com).

If you absolutely have no other way to make a payment, you may send a certified or cashier’s check, a personal check, or a paper money order to the Trustee’s bank lockbox address at: Chapter 13 Trustee, EDKY PO Box 1766 Memphis, TN 38101-1766 Allow at least two weeks (14 days) for your payment to be posted to your case.

No. FedEx and UPS do not deliver to PO Boxes.

No. The Chapter 13 Trustee located in Memphis is not the Chapter 13 Trustee for the Eastern District of Kentucky.

No. Payments sent to the Lexington PO Box or street address will be forwarded to the bank in Memphis, which delays posting.

All checks will be deposited upon receipt.

No.

No.

If two or more payments are returned as unpaid for any reason, including insufficient funds or a closed account, you might be ordered to make future payments only by certified check or cashier's check. A returned payment may also cause dismissal if you are on probation. TFS and the Trustee reserve the right to suspend or terminate your ability to make online payments if you have had payments returned.

The Trustee's office and its bank cannot accept cash, credit cards, wire transfer, check-by-phone payments, gift cards, PayPal, or Venmo.

Use the following formulas: Weekly: monthly payment × 12, divided by 52. Bi-weekly (every two weeks): monthly payment × 12, divided by 26. Semi-monthly (twice a month): monthly payment divided by 2. For example, a $500 monthly payment would be converted to payments of $115.38 weekly, $230.77 bi-weekly, and $250.00 semi-monthly.

Yes. Money from certain sources, such as a lawsuit or settlement, an inheritance, the sale of certain property, and other sources may have to be paid to the Trustee in addition to regular plan payments. You might be required to pay tax refunds or bonuses to the Trustee. Ask your attorney.

Contact your attorney. Do not spend any funds you receive until there is a Bankruptcy Court order stating who is entitled to receive those funds.

Your plan or the order confirming your plan will state whether some or all of your tax refunds must be paid into the plan. You may also be required to submit copies of tax returns or paystubs with those payments. Ask your attorney what additional payments your case requires.

Your plan or the order confirming your plan will state whether some or all of your bonus income must be paid into the plan. You may also be required to submit copies of tax returns or paystubs with those payments. Ask your attorney what additional payments your case requires.

If you are required to send tax refunds or copies of tax returns to the Trustee, they are due by May 1 each year. Bonuses or performance awards might be due more frequently. Ask your attorney.

Falling behind on plan payments is a major reason chapter 13 cases are dismissed. The Trustee's office cannot give you permission to be late with a payment or to miss a payment, no matter how valid the reason. If you cannot make your payment, contact your attorney to discuss your options.

The Trustee will file a motion to dismiss if the Trustee's computer system shows a total past-due amount of more than two times your monthly payment. The missed payments do not have to be consecutive.

Contact your attorney immediately so the attorney can advise you about your options for dealing with the delinquency.

Get a printout showing your payment schedule and all payments posted by the Trustee. You can obtain a printout from the Trustee's office, your attorney, or your account at https://www.ndc.org. Compare those posted payments with your records. If your records show that you made a payment which the Trustee did not post, call the Trustee's office and ask for the Controller.

The Trustee can withdraw the motion if you become completely current before the hearing. Do not call the Trustee's office to ask that the motion be withdrawn.

Your attorney can ask the Trustee to enter into an agreed order giving you 30, 60, or 90 days to become current. Your attorney may also ask the Court at the hearing to give you 30, 60, or 90 days to become current. Sometimes you might need to modify your plan or suspend your plan payments. Contact your attorney to discuss these options.

In the Eastern District of Kentucky, after the Trustee files a motion to dismiss because you fell behind on plan payments, the Court will enter what we call a “probation order.” For one year after the probation order is entered, if you are more than 21 days late on any plan payment, the case will be dismissed automatically. If you are ordered to become current within a certain period of time and you do not get caught up by the deadline, the case will be dismissed automatically.

A payment that does not go through for insufficient funds, a closed account, or another reason, is considered a late payment that will cause the case to be dismissed automatically while you are on probation.

Make a payment online 7 days before your due date, or mail the payment at least two weeks (14 days) before the due date to be sure it is not late.

If your case is dismissed, creditors may resume collection efforts, garnish wages, repossess property, or foreclose on a house.

If an emergency makes it impossible to make a plan payment for a period of time, your attorney may file a motion asking the Court to suspend the payments. Requesting a suspension before you become delinquent may help you avoid probation. The Trustee's office cannot give you permission to skip a payment.

Possibly. If you can no longer afford the payment, contact your attorney. Depending on the circumstances, a plan modification may lower the payment, but that is not always an option, including when you are trying to preserve equity in property. The Trustee's office cannot lower your plan payment for you.

Ask your attorney if you should convert your chapter 13 case to a case under chapter 7. Your attorney can advise you on whether a conversion is the right option for you.

Contact your attorney to discuss your options. If the attorney has a conflict of interest and cannot continue to represent both of you, the attorney will explain that to you.

You must list all creditors in your bankruptcy papers and make sure they receive notice of the bankruptcy case. This is important if you want a discharge of your debts. If you forgot a creditor, contact your attorney immediately.

A secured claim is a claim against property pledged as collateral, such as a house, car, or furniture. A secured claim may also arise from a lien created by a court proceeding, such as a judgment lien, or by law, such as a tax lien.

The Bankruptcy Code gives certain unsecured claims priority status, which means they must be paid in full in Chapter 13. Certain taxes, child support or other domestic support obligations, and administrative expenses such as attorney and Trustee fees are examples of priority claims.

A general unsecured claim is not secured by collateral and it is not entitled to priority status. Examples include most credit-card debt, medical expenses, and signature loans.

The creditor must file a proof of claim with the Bankruptcy Court. Creditors generally have 70 days after the bankruptcy filing to file a proof of claim. Governmental units such as the IRS have 180 days. The Trustee objects to claims filed after the bar date.

The secured claim will not be paid through the plan, but the lien on the property may still remain valid after the bankruptcy case is completed.

If you listed the unsecured creditor so it received notice of the bankruptcy and it did not timely file a proof of claim, the debt is usually discharged or cancelled, subject to the rules regarding dischargeable and nondischargeable debts.

The Trustee's office in this jurisdiction cannot pay a creditor that has not filed a claim. You through your attorney may be able to file a claim on behalf of that creditor to make sure they are paid. Contact your attorney to do this.

Your plan is requiring you to make regular payments directly to that creditor as if you had not filed bankruptcy. The due date for these direct payments is the same due date you had with that creditor before you filed your case.

Debtors in the Eastern District of Kentucky commonly make ongoing mortgage payments directly to the creditor. If you were behind when the Chapter 13 case was filed, the prepetition arrearage is usually paid through the Trustee while you make the postpetition mortgage payments directly to the mortgage company.

Yes. You must stay current on direct payments throughout the Chapter 13 case.

The creditor may ask the Bankruptcy Court for relief from the automatic stay.

Relief from stay is permission from the Bankruptcy Court allowing a creditor to resume collection activity against you or the creditor's collateral. Failure to make required payments or maintain insurance on collateral are two reasons a creditor may request relief from stay.

The creditor may proceed with a foreclosure sale or repossess collateral such as a car. The Trustee stops paying that creditor on its claim until the creditor files an amended claim for any deficiency remaining after the property is sold.

Contact your attorney.

Tell your attorney even if you are current and the payment is made by wage deduction. The Trustee's office is required to give special notices to the person to whom you owe the support obligation and to the child-support enforcement agency for the state where that person resides. If a support obligation begins after you filed the bankruptcy case, contact your attorney.

Strict bankruptcy deadlines apply to tax returns for the four years before filing. If you do not file the required returns within the Bankruptcy Code's time limits, the case will be dismissed. Make sure your attorney knows if you are behind on taxes or have unfiled returns.

Some tax debts must be paid in full in Chapter 13 and other tax debts may be discharged. Some taxes accrue interest during the chapter 13 case, and you will need to pay that accrued interest after you get your discharge. Your attorney can advise you.

You must file tax returns on time and timely pay all taxes that come due after the bankruptcy case is filed.

You may be required to do so. If required, you must send the tax returns to the trustee’s office by May 1 each year. Your attorney will advise you.

You may be required to pay some or all of a tax refund into the plan. Ask your attorney whether the plan or confirmation order requires tax refunds to be paid to the Trustee.

You are responsible for keeping insurance on your property. If a car or other personal property is collateral for a debt, you must maintain full-coverage insurance, including collision or other casualty coverage, and provide proof of insurance to the secured creditor.

Contact your attorney. A Bankruptcy Court order is required before insurance proceeds can be paid to anyone. If you need a car to get to work, your attorney may be able to obtain the creditor's and Trustee's agreement or a Court order allowing the proceeds to be used to buy a replacement car.

Contact your attorney so the proper procedure can be followed.

No. Do not accept or spend insurance proceeds before consulting your attorney.

Only after obtaining the Bankruptcy Court's permission. A motion must be filed and a Court order entered. Contact your attorney before making arrangements to sell or give away property.

You must obtain Bankruptcy Court approval for any debt that is more than $5,000. If you need to borrow money or finance an unexpected expense, your attorney must file a motion and obtain an order approving the debt. Contact your attorney before borrowing money from any source or incurring new debt.

Yes. Do not borrow money, incur debt, or refinance a loan without prior Court approval. Notify your attorney if you are trying to modify a mortgage, refinance existing debt, or borrow more than $5,000 for any reason.

Contact your attorney to find out what your options are.

You need Bankruptcy Court approval before you purchase a new car with the insurance proceeds. Contact your attorney immediately.

Contact your attorney. In this jurisdiction, it is the Bankruptcy Court, not the Trustee, that will enter an Order (not write a letter) directing how the proceeds should be paid. Your attorney will need to file a motion with the Court, get the Order, and send it to the insurance company.

NATIONAL DATA CENTER Register with the National Data Center (NDC) at https://www.ndc.org to see whether the Trustee has received and posted your payments, to review how creditors are being paid, to see the annual statement the Trustee prepares for your case in January of each year, and to receive important notifications about your case. Unfortunately there is a two or three day delay between the day the Trustee posts a payment and the day the payment appears on the NDC website. Please keep that in mind before calling the Trustee’s office about a recent payment that does not appear on the NDC’s records. ANNUAL CASE SUMMARY The Trustee's office sends you a case printout each January. The printout shows creditors being paid by the Trustee and the payments you made to the Trustee during the previous year. If you believe you made a payment more than 30 days ago that does not appear on case summary, call the Trustee's office and ask to speak to the Controller. Have the check number or money-order number for the missing payment available.

Within a few months after confirmation, the Trustee in this District files a Notice of Allowance of Claims with the Bankruptcy Court. It shows the creditors the Trustee is paying and also identifies claims disallowed by the Court, claims paid directly by the debtor outside the plan, and claims not being paid because a creditor obtained relief from stay and will pursue its collateral. The Notice is based on the Trustee's interpretation of the plan and Court orders. If you see an error, contact your attorney immediately. If you do not have an attorney, file an objection to the Trustee’s Notice immediately. If you dispute a claim because, for example, the amount is wrong or you do not owe the debt, contact your attorney so an objection to claim can be filed.

You or your attorney may call or email the Trustee's office and request a payoff. The Trustee will send a written payoff estimate. It is only an estimate and is subject to a final audit. The Trustee will not provide a payoff estimate more often than once every 60 days.

No. To protect your privacy, the Trustee does not provide case information or payoff estimates to third parties, even if you have authorized that person to request the information. Payoff estimates are not given by telephone and are provided only to you or your attorney.

Money from certain sources, including lawsuits, inheritances, and sales of certain property, must be paid to the Trustee in addition to regular plan payments and cannot be used to pay off the case early unless creditors are being paid in full through the plan. If your plan requires tax refunds, bonuses, or other additional payments, you may not be able to pay the case off early. Ask your attorney.

After all plan payments are made, the Trustee sends you a letter confirming successful completion and files a Plan Completion Report with the Bankruptcy Court.

If payments are made by payroll deduction, the Trustee sends an order to your employer stopping the deduction. If you make payments online via Truist ePay, your payments will no longer be processed. If you make payments online via TFS, contact TFS to stop future payments.

The Trustee's office will send you a refund, usually within 60 days.

No. You may or may not receive a discharge after completing the plan. If you are eligible for a discharge, you must complete a personal financial-management course from an agency approved by the Executive Office of the United States Trustee. This is different from the credit counseling completed before filing. You must also file a “Certification of Plan Completion and Request for Discharge” after making your last plan payment. Contact your attorney as soon as you receive the Trustee's notice that the plan is complete so the required form can be prepared and filed.

A discharge cancels or wipes out debts that are dischargeable. Once the Bankruptcy Court enters the discharge, creditors holding discharged debts can no longer try to collect them from you. If a creditor tries to collect a debt you listed in the bankruptcy, contact your attorney. The Trustee's office cannot stop creditors from contacting you.

Some debts, such as student loans, child support, long-term mortgages, and some taxes, are not discharged. Also, a debt owed to a creditor you did not schedule will not be discharged. Ask your attorney if you have any nondischargeable debts.

Under certain circumstances, the Bankruptcy Court may grant a hardship discharge even though you have not made all required plan payments. Your attorney can advise whether you qualify. A hardship discharge requires a motion and notice to creditors.

The Trustee's office cannot require a creditor to release its lien. Contact your attorney.

In carrying out duties under 11 U.S.C. §§ 1302(b)(1) and 704(a)(7), the Chapter 13 Trustee makes certain case-administration information available to parties in interest who request it. The listed information includes: • your name, address, bankruptcy case number, state and district where the case is pending, and the assigned Trustee • information about claims, including the claimant, claim type, and claim amount • a history of payments received by the Trustee, including the date and amount of each receipt; and • a history of payments made by the Trustee to creditors, including the date, amount, and payee. Your Social Security number is not visible, although parties may be able to search for the bankruptcy case using the Social Security number. Creditors, creditors' attorneys, your bankruptcy attorney, and the United States Trustee are “parties in interest.” People who are merely curious about the case and potential lenders offering to loan you money during Chapter 13 are not included. You may review your Chapter 13 case information without charge through the National Data Center at https://www.ndc.org. If you believe the information is inaccurate, contact your attorney.

See “Meeting of Creditors.”

A term used for certain claims secured by motor vehicles bought within 910 days before bankruptcy. These claims usually must be paid in full.

Three years if the debtor's average household income during the six months before filing is below the national median level and five years if the income is above median.

A form that must be approved by the Bankruptcy Court before the debtor borrows money, buys property such as a car on credit, or refinances an existing loan. An Order is entered, but the Trustee and creditors have seven (7) days to object. If no one files an objection, the Order is final and can be relied on.

The amount by which a debtor is behind in payments to a creditor. It may be prepetition or postpetition.

Federal bankruptcy law that stops most creditors from trying to collect debts when a debtor files bankruptcy. The stay may terminate after 30 days or may not take effect at all if a prior case was dismissed within the previous year. See also “Relief from Stay.”

A non-attorney who, for a fee, prepares a petition or other bankruptcy filing. The preparer's conduct is regulated by federal bankruptcy law.

The deadline for a creditor to timely file a proof of claim.

Sometimes referred to as a “wage-earner’s” bankruptcy case, chapter 13 can be used by an individual with regular income in order to pay debts under Bankruptcy Court supervision.

Straight bankruptcy, in which certain assets or property may be sold to pay creditors.

A right to payment. See also “Proof of Claim.”

An automatic stay that can protect a person who did not file bankruptcy but co-signed or guaranteed a debt owed by the debtor.

Bankruptcy Court approval of a Chapter 13 plan.

Changing a bankruptcy case from one chapter to another.

A person or entity that is owed money.

What a person owes.

A person who files bankruptcy.

The same as arrearage; the Trustee's office usually uses the term for plan payments that are past due.

A creditor's claim that will not be paid because the Court did not allow or approve it after an objection.

A bankruptcy discharge cancels or “wipes out” debts that are dischargeable.

Ending a bankruptcy case before plan completion and without discharge, allowing creditors to resume collection efforts.

The amount of money available to pay unsecured creditors.

A debt for child support, alimony, or maintenance owed to a child, spouse, former spouse, guardian, governmental unit, or other person or entity described by the law.

A discharge granted to a qualifying debtor who has not completed all plan payments.

The amount of equity a debtor has in property that cannot be exempted from creditor claims in bankruptcy.

Also called the 341 Hearing; debtors are questioned under oath by the Trustee and attending creditors.

A change to a confirmed plan that requires Court approval.

A debt that remains owed even if the debtor receives a discharge.

A report filed by the Trustee in the Eastern District of Kentucky several months after confirmation showing how claims are to be paid according to the Trustee's records.

A request filed with the Court asking that a claim be disallowed or reduced.

A common term for payments a debtor makes directly to a creditor.

The document that starts a bankruptcy case. The term is also sometimes used to refer generally to the bankruptcy papers filed with the petition, including schedules and the Statement of Financial Affairs.

Before bankruptcy.

A creditor whose claim is legally entitled to be paid ahead of certain other claims, such as certain taxes or back child support.

A Bankruptcy Court order commonly used in the Eastern District of Kentucky providing for automatic dismissal if the debtor is more than 21 days late on any single plan payment or fails to become current by the Court's deadline; it usually lasts one year but may last longer.

A person who files bankruptcy without an attorney.

The form a creditor files with the Bankruptcy Court to be paid. A debtor may also file a proof of claim on behalf of a creditor in some circumstances.

After bankruptcy.

A Bankruptcy Court order allowing a creditor to proceed with collection activity such as foreclosure or repossession. Relief may be from the automatic stay protecting the debtor or the co-debtor stay protecting a co-debtor.

A creditor holding a lien on property or other collateral securing a loan.

The person appointed to administer bankruptcy cases.

A creditor whose debt is not secured by collateral.

The “bar date” is the deadline for filing a proof of claim under FRBP 3002(c). Generally, a proof of claim is timely if it is filed within 70 days after the date of the petition. A governmental unit’s proof of claim is timely if it is filed within 180 days after the petition.

The Trustee will object to the claim as being untimely filed. The court in this district has ruled several times that late claims filed under Rule 3002 are disallowed. Do your research before responding to the Trustee’s objection to a late claim, especially if you intend to make arguments based on excusable neglect, equity, fairness, due process, pre-1994 case law, lack of notice, chapter 7 provisions for late claims, informal proof of claim, or just about any other argument.

The creditor may file a motion in accordance with Rule 3002(c). If the court sustains the motion, the creditor’s late claim may be allowed.

See Section 3.7 of the Chapter 13 plan at /forms/chapter-13-plan.pdf. Contact the debtor’s attorney about filing a proof of claim under Rule 3004 on behalf of the creditor.

The Court identifies claims in the ECF Claims Register as Claim Number “x-1,” “x-2,” “x-3,” etc. The Trustee treats each of those as separate claims. If the Trustee objected to Claim No. 9-1, and the claim is amended, the amended claim will appear in the claims register as Claim No. 9-2. Claim No. 9-1 will be disallowed on the Trustee’s objection, but the amended claim No. 9-2 is allowed unless it is also objected to. If the Trustee objects to your claim, please read the objection and the proposed order tendered with the objection. If it says something like “this objection/order does not apply to any amended proof of claim filed after the Trustee’s objection,” just file your amended claim and let the first claim be disallowed.

If your address has changed, file an amended proof of claim with the correct payment address, or file a notice of address change.

The plan provides that the arrearage amount set forth in the creditor’s proof of claim controls over any contrary amount listed in the plan. The arrearage amount listed in the plan is an estimated amount, which is needed for an initial feasibility analysis. The arrearage that is allowed and paid is fixed by the proof of claim.

Conduit mortgage payments are not mandated but we can make conduit payments if requested by the debtor or creditor.

The Trustee ordinarily pays secured claims pro rata but can make fixed monthly payments if required by the plan or court order. Conduit contractual mortgage payments are paid in fixed monthly payments as required by the contract and any filed Rule 3002.1 Notices.

The Trustee pays adequate protection as ordered by the court. Use Local Form 3015-4(c) if you want to receive pre-confirmation adequate protection payments.

The plan provides that until the debtor’s attorney’s fee is paid in full, secured creditors will be paid only adequate protection payments required by an adequate protection order. If a creditor is not covered by an adequate protection order, no payments will be made to that creditor until the debtor’s attorney’s fee has been paid in full. If there is a conduit mortgage claim, the fixed monthly payment of the mortgage will be paid first from funds on hand. Then any remaining funds will go to pay the attorney’s fee (along with any required adequate protection payments), then to secured creditors pro rata.

In general, the Trustee pays in the following order of distribution: the debtor’s attorney’s fee, then secured creditors, then priority creditors, and finally general unsecured creditors. The plan or the order confirming the plan might alter the distribution order depending on the circumstances.

No. Section 3.7 of the Chapter 13 plan at /forms/chapter-13-plan.pdf provides that the creditor must timely file a proof of claim in order to get paid.

In this District, the Trustee pays interest at the rate listed in the plan, which is usually the so-called Till rate of prime plus a 1 to 3 point risk factor. Secured tax claims are paid interest at the rate provided under “applicable nonbankruptcy law.”

The Trustee pays secured tax claims with interest in accordance with “applicable nonbankruptcy law” under 11 U.S.C. § 511. For Kentucky property tax claims, interest of 12% is payable on the “base amount” of the certificate of delinquency. KRS 134.125. Additional attorney fees, collection costs, and other charges are part of the claim but do not bear interest. KRS 134.452. Therefore, the Trustee “splits” the claim into two parts based on documentation attached to the creditor’s proof of claim. The base amount is paid as a secured claim with interest at 12%. The balance of the claim is paid as a secured claim without interest.

About a year after the plan is confirmed, the Trustee files a Notice of Allowance of Claims to give notice to the debtor and all creditors of how the Trustee has claims set up to be paid. If you believe the Trustee has your claim set up incorrectly, you have 30 days to file an objection to the Notice.

If your address has changed, file an amended proof of claim with the correct payment address, or file a notice of address change.

The Trustee will transition to electronic disbursements in the near future. Watch this website for updates.

In the Eastern District of Kentucky, the debtor needs to file a motion with the court and get an order directing the distribution of insurance proceeds. Contact the debtor’s attorney ASAP. Also see the Trustee’s guide at /forms/automobile-insurance-proceeds.pdf on how insurance proceeds should be treated in this District.

Not necessarily. The lienholder’s claim should be paid only as provided in the plan. If the claim was modified in the plan – the claim was valued, or the interest rate was modified – the creditor does not get the proceeds to apply to its claim contractually. The proceeds must be paid to the Trustee who will disburse the proceeds in accordance with the plan. To protect the creditor’s lien rights in the proceeds while the debtor remains in chapter 13, the parties can do an agreed order whereby the Trustee will hold any surplus proceeds pending plan completion, and if the case is dismissed or converted, the Trustee will disburse the surplus proceeds to the creditor.