Frequently Asked Questions
Q. I received a Motion to Dismiss letter in the mail. What does that mean?
A. There are a few possible reasons you received this notice.
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- You missed payment.
- Call your attorney and make arrangements to take care of the arrearages. For the Trustee to withdraw this motion you must be current with payments.
- You sent in the wrong amounts.
- Call your attorney and find out the correct amount that you should be sending and make arrangements to take care of arrearages.
- Your employer is not sending in the payments.
- Even if your employer forgot to send or mishandled your payments it is still your responsibility to make sure that your payments are in the Trustee’s office on time. First, contact your employer and find out what the problem is. Then call your attorney and make arrangements for future payments and to take care of the arrearages.
- You missed payment.
Q. Can I make payments online?
A. Yes, you can make online payments at the Chapter 13 Trustee ePay Portal, available by clicking here
Q. How do I get my payoff information?
- Before submitting a payoff request, please check your most recent ledger.
- Payoff requests must be sent to our office in writing. A response could take up to 30 days. If you are requesting a payoff, and you have been making payments on your case for less than 36 months, contact your attorney.
Q. My employer is not deducting my payments automatically.
A. Contact your employer and find out why they quit/didn’t make the automatic withdrawal. Even if your employer is not making the payments or withdrawals, you are still responsible for all payments that are due to the Trustee.
Q. I recently changed employers/addresses.
A. Please contact the Trustee’s office immediately by phone. Please have all your new information on hand (i.e. address, payroll department information, city, zip code).
Q. It is past the 20th and I forgot to mail my payment.
A. The Trustee uses the 20th as a guideline for payment processing each month. If your payment is not received by the 20th, your payment may not get posted to your case that month. It is still important that you send in your payment so you don’t fall behind.
Q. How do I fill out a money order?
A. Money orders need to be made payable to Chapter 13 Trustee. Please make sure that your case number and first and last name are on all payments. This speeds up the payment processing and allows for the Trustee to post your payment to your case faster.
Q. I want to refinance my home/buy a new car.
A. In order to refinance your home or purchase a new car during your Chapter 13 Bankruptcy, you will need to contact your attorney. Please have all your details ready (i.e. interest rate, amount of financing/purchase price, and the lender’s name, etc.).
Q. My attorney is not returning my phone calls. What should I do?
A. Call the Trustee’s office – (330)762-6335 Mr. Rucinski’s office may need to return your call, so it is important that you supply the office with a daytime phone number where you can be reached.
Q. I don’t know who this creditor is / I don’t owe this creditor anymore.
A. If you receive documentation from a creditor that you don’t know/don’t owe, please contact your attorney immediately.
Q. Do I have to surrender my tax return monies?
A. The Trustee will send a letter requesting a copy of your latest tax return. Pending review, you may have to turn over your tax return, but the Trustee will contact you.
Q. I received a hearing notice. Do I have to attend?
A. If you receive a hearing notice and your attorney has not advised you whether your presence is needed or not, it is recommended that you contact your attorney. Your attorney will advise you about this situation.
Q. Where do I send my payments?
A. Please send all payments to:
KEITH L. RUCINSKI, CHAPTER 13 TRUSTEE
3600 MOMENTUM PLACE
CHICAGO, IL 60689-5336
Q. What are your hours of operation?
A. The Chapter 13 Office’s regular business hours are M-F 8:00 am-4:00 pm
Q. I was contacted by a Petition Preparer. Who are they and what do they do?
A. Recommended Reading: The Perils of Using a Bankruptcy Petition Preparer
Q. What do I need to bring to a 341 Hearing?
- A photo I.D.
- Proof of Car Insurance
- Proof of Home Insurance
- Last 3 Paystubs
- Last years Income Tax Return
- If your self employed: (All documentation must be current)
- Self-employed Questionnaire (link to document)
- Financial statements showing self-employment
- Income statement
- Two most recent years’ business tax returns and balance sheet
Q. Can I make a payment at your office?
- No, please do not bring payments to the Akron office. Please mail payments to the Trustee’s payment center.
Payment Center Address:
KEITH L. RUCINSKI, CHAPTER 13 TRUSTEE
3600 MOMENTUM PLACE
CHICAGO, IL 60689-5336 - Payments must be in cashier check or money order. The office does not accept cash.
Q. How long can I extend my bankruptcy?
A. Chapter 13 Bankruptcy can last a maximum of 60 months.
Q. What if my income changes?
A. If your income changes significantly at any time during your bankruptcy, you must contact your attorney and let him/her know.
Q. What is the bankruptcy discharge process and how long does it take?
A. The discharge process takes 6-8 weeks from time of the last disbursement. Payroll stop deducts sometimes takes up to four weeks to process. The Trustee does a final audit to make sure all claims were paid correctly.
Q. I’m self-employed. What additional paperwork must I fill out?
A. You must have the self-employed questionnaire along with two years worth of tax returns and/or business returns. Please provide any financial documentation that you have available.
Q. What does Relief from Stay mean?
A. This is when a creditor has notified the court that you are not current in payments that you are required to make in addition to your Chapter 13 payment, (i.e., current mortgage payments). You must contact your attorney immediately for advice.
Q. A creditor listed in my plan keeps contacting me.
A. Creditors that are listed in your bankruptcy are not permitted to seek collection from you. Contact your attorney immediately.
Q. Do I still owe taxes while I am in Chapter 13 bankruptcy?
A. Yes, you must remain current in all tax payments. (i.e., income, property, etc.)
Q. Where can I obtain an overview of the Chapter 13 process?
A. You can find an overview on our overview page.
Notice
This information is not meant to convey legal advice to an individual seeking Chapter 13 bankruptcy reorganization, but is meant strictly as an educational tool.
