Know Thy Chapter 13 Bankruptcy Trustee Reply

One Trustee prefers the tax language in a Chapter 13 Bankruptcy Plan one way, while the other prefers it another. One Trustee will not accept a Chapter 13 Bankruptcy Plan paying unsecured creditors less than 10%, while another is more flexible. Then there is the Trustee whose procedures seem like they change every 6 months to a year without notice.

Knowing what each Chapter 13 Bankruptcy Trustee in your district prefers in the Chapter 13 Plan and Schedules when it comes to its language can make you go insane. In the 18 years I have been a Bankruptcy Paralegal and as many procedures I have learned from various Chapter 13 Trustees offices, instances arise where I am at a loss of words when a fax or email comes through stating what changes need to be made or what is not acceptable. To the best of knowledge there is no panacea for this.

Now what is said here is just food for thought and in no way covers everything that can be done to make sure you never run into any issues. The only way to make sure that no major issues arise is to make sure your petitions are prepared correctly the first time around. Then you have to be able to adapt and respond quickly to put out any small flames that may spark up.

This may require maintaining a good rapport with the Trustee and his/her staff where a simple phone call or letter may resolve any and/or all of your issues with a particular case in one shot. It may also require good ole trial and error just don’t make it a consistent pattern.

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