This section provides basic information for the creditor or creditor’s attorney concerning the administration of chapter 13 cases by the Trustee.
PROOF OF CLAIM
A proof of claim must be filed before a party is entitled to receive payment. In addition to the proof of claim, a mortgage creditor is required to file an attachment to its proof of claim itemizing the amounts owed and providing a limited payment history.
The proof of claim form can be found here.
The attachment for mortgage creditors is available here.
Instructions for completion of the proof of claim can be found on the United States Courts website.
TREATMENT OF NON-MORTGAGE CLAIMS
Absent objection to the claim or a plan provision addressing specific treatment of a claim, if the plan indicates that a secured claim is to be paid in full (rather than the value of the collateral), the Trustee will pay the amount specified in the proof of claim. This will be reflected on the plan which is sent to the Court for confirmation.
Absent objection to the claim or a plan provision addressing specific treatment of the claim, if the plan provides for payment of a priority claim, the Trustee will pay the amount specified in the proof of claim. This will be reflected on the plan which is sent to the court for confirmation.
TREATMENT OF MORTGAGE CLAIMS
Absent objection to the claim or a plan provision addressing specific treatment of the claim, the Trustee generally pays mortgage claims per the proof of claim so long as the plan provides for payment of such claim. However, if the plan proposes to add additional month(s) to the pre-petition arrearages, the plan will control and additional monthly mortage payment(s) will be added to the arrearage claim set forth in the proof of claim.
Please be aware of the requirements stated in the Revised Standing Order Delineating Certain Post Confirmation Practices in the Northern District of Mississippi.
For monthly payment changes, whether due to interest or escrow, the Trustee prefers a notice filed with the court rather than an amended proof of claim.
The Trustee processes distributions to creditors on the last business day of each month. Checks or vouchers are generally mailed the following week absent intervening holidays or unexpected delay with the Trustee’s processor.
The Trustee also offers distributions to creditors by electronic funds transfer. If interested please contact the Trustee’s office.
Case information may be obtained via the internet at www.bankruptcylink.com. A password for bankruptcylink may be obtained by e-mail request. When you send your email, please include your requested login and password.
Case information is also available through the National Data Center. There you will find information on accessing the database as a creditor. The Trustee does not provide logins or passwords for the National Data Center.