Keeping Your Attorney Informed
The Chapter 13 Trustee communicates by mail with Chapter 13 debtors. The Trustee sends out financial information, notices and legal pleadings using the debtor’s mailing address maintained in the Bankruptcy Court records. If the Trustee does not have each debtor’s accurate name and address, these items are not delivered and are returned to her Office. You are required to maintain an accurate address in the Trustee’s database and in the Bankruptcy Court’s records. If you move, notify your attorney to file a notice of address change with the Bankruptcy Court. The Trustee will not change your records in her database until the Court’s records are updated with your new address, as the address on file with the Court is your official address.
In addition, if you have a change in income or property while in the Chapter 13 program, then you must notify your attorney. This would include: pay increases, inheritances, life or any other insurance proceeds, recoveries from legal actions, bonuses, gifts, etc. Your attorney will then amend your schedules and plan and file appropriate pleadings with the Bankruptcy Court as required. In addition, if you have problems making your plan payments because of illness, loss of job, family emergency or other serious event, please inform your attorney immediately. The Chapter 13 Trustee cannot waive or excuse your payment requirements. Finally, you cannot sell, refinance, or dispose of any of your property during your Chapter 13, without the approval of the Bankruptcy Judge including your house, car, appliances, furniture, jewelry, etc. Whether the property was acquired before, or after, you filed your case does not matter. If you want to sell, refinance or dispose of any property during your Chapter 13 Plan, please contact your attorney about obtaining approval.