Frequently Asked Questions
If you are a debtor in a Chapter 13 case which has been assigned to Locke D. Barkley as trustee you can download a pamphlet which explains certain things you should know about your Chapter 13 case. Click here to download.
The following are some frequently asked questions of the Trustee’s office. Please review these common questions and answers before calling the Trustee’s office. If you are unable to find the answer to your question, please contact your attorney or our office at (601) 355-6661, extension 221. Other contact information for the Trustee’s office is available here.
- Where do I mail my payments?
- When is my first payment due?
- What information should be included with my payment?
- What should I do if I miss a payment?
- What if my employer has not yet started withholding money from my paycheck?
- What if my employer is withholding the wrong amount each pay period?
- What should I do if I am laid off, fired, or temporarily disabled and can’t work?
- Do I need to notify anyone if I move or change my mailing address?
- What happens to my obligation to pay child support during bankruptcy?
- How do I know when my plan will complete?
- How can I obtain a payoff amount for my case?
- Can I borrow money or incur debt during bankruptcy?
- How can I view information about my case on the internet?
3. What information should be included with my payment?
Your name and case number must be included on every payment. Payments not paid through your employer should be remitted by money order, cashier’s check, or through TFS (www.tfsbillpay.com). DO NOT SEND CASH. PERSONAL CHECKS ARE NOT ACCEPTED.
Payments should be made payable to: Locke D. Barkley, Chapter 13 Trustee
4. What should I do if I miss a payment?
If possible you should pay the missed payment as soon as possible. If it isn’t possible for you to make-up the missed payment, you should contact your attorney. He or she will advise you how to proceed.
5. What if my employer has not yet started withholding money from my paycheck?
You will need to send in a payment yourself. You are responsible for paying the payment if your employer does not withhold it, or if your employer does not withhold enough money, you must pay the difference to the Trustee.
6. What if my employer is withholding the wrong amount each pay period?
Notify your attorney immediately and discuss this with your employer. If necessary your attorney can provide a copy of the Order Directing Payment to Trustee to your employer.
9. What happens to my obligation to pay child support during bankruptcy?
If you are required to make child support payments for an on-going obligation, you must continue to make those payments after the filing of your bankruptcy and remain current on that obligation. You will be required to sign an affidvait attesting to the fact that you have made all payments that have come due after the filing of the case through the date of the 341(a) Meeting of Creditors. If you have not made the these payments you case will not be confirmed. Once the case is confirmed you must remain current on those payments during the term of your bankruptcy plan. If you do not make those payments you will not receive a discharge at the end of your case.
10. How do I know when my plan will complete?
Your plan will be confirmed for a number of months between 36 and 60. This is referred to as the “plan term.” The plan cannot go beyond 60 months. The plan term will begin to run with the month your plan is confirmed by the court.
For example, if your plan is confirmed on July 2, 2013, for a term of 36 months, it should complete in June 2016.
11. How can I obtain a payoff amount for my case?
Please contact your attorney first and ask about requesting a payoff. Payoff requests must be made in writing and mailed to the Trustee’s correspondence address. Your attorney should do this for you. In addition to a written request for a payoff amount, you can also monitor this amount with the annual report you will receive each year from the Trustee.
12. Can I borrow money or incur debt during bankruptcy? You cannot borrow money or incur debt while in bankruptcy without permission from the Trustee and/or court. Before incurring any debt contact your attorney to discuss your needs. Your attorney will take the necessary steps to obtain approval, if possible, for you to incur debt. If you incur debt without obtaining permission your case could be dismissed and/or the transaction could be subject to reversal by the court.
13. How can I view information about my case on the internet?
Information regarding your case is available on the internet through the National Data Center, Inc. (NDC) https://www.ndc.org. Information there is available to you without charge. The NDC can be contacted by telephone at (866) 938-3639.