DEBTOR NOTICE
Detailed information about your case is now available at http://www.13datacenter.com. This website
resource has been made available by your Chapter 13 Trustee to give you the
latest information as you carry out your Chapter 13 payment plan. This service
is free to debtors to help you monitor the progress you are making toward your
financial recovery. Debtors Register
Here! View the Debtor Handbook here
Please see the "Who Does
What" document for the proper fax numbers!
Holiday Office Closing
[July 1, 2010]
The Office of the Chapter 13 Trustee Tammy L. Terry will be closed on Monday July 5, 2010. The office will reopen on Tuesday, July 6, 2010 at 8:30am.
IRS Form 2848 - Power of Attorney
[March 25, 2010]
On March 12, 2010, the Judges of the United States Bankruptcy Court for the Eastern District of Michigan issued a Notice that in all Chapter 13 cases where the Plan has not yet been confirmed and in which the Plan provides for payment of tax refunds to the Trustee, the debtor shall sign, as requested by the Trustee, IRS forms to authorize the IRS to forward those tax refunds directly to the Trustee.
A sample IRS Form 2848 can be found HERE, as well as on the Library page of this website.
The Chapter 13 Trustees have discussed this requirement and have adopted a processes to implement this new Notice.
Details of this process can be found HERE. This document is also listed on the Library page of this website.
Chapter 13 Debt Limits Increase By 7%
[Mar 1, 2010]
Debt limits for Chapter 13 increase April 1, 2010, to $360,475 of unsecured debt and $1,081,400 of secured debt. This change represents an increase of about 7% over the Chapter 13 debt limits in effect prior to the change. Congress limited the amount of debt owed by the debtor in a Chapter 13 case but adjustments to the debt limits are scheduled to occur every three years on the first day of April in the year of adjustment beginning April 1, 1998. The Bankruptcy Code in §109(e) prohibits use of Chapter 13 by individuals with debts that exceed the specified limits. The adjustments are required by §104(a) of the code and an adjustment is due this year.
The adjustment of various dollar amounts specified in the bankruptcy code is intended by statute to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent 3-year period ending on December 31 of the prior year. The dollar amounts are rounded to the nearest $25 increment and apply to a number of different dollar limits impacting Chapter 7, 11, 12 and 13 cases. http://www.bankruptcylawnetwork.com
NOTICE REGARDING TAX REFUNDS IN CHAPTER 13 CASES
[Jan 28, 2010]
On January 20, 2010, in an action brought by the Internal Revenue Service, the United States
District Court for the Eastern District of Michigan issued an Opinion and Order Granting Petition
for Writ of Mandamus in Case No. 09-cv-13505 ("District Court Order"). The District Court Order
prohibits the United States Bankruptcy Court for the Eastern District of Michigan from entering any
order confirming a Chapter 13 plan that contains a provision directing the Internal Revenue Service
to pay the debtor's tax refunds to the Chapter 13 trustee. Further, the District Court Order prohibits
the Chapter 13 trustees for the Eastern District of Michigan from seeking to enforce any order that
has already been entered confirming a Chapter 13 plan to the extent that such order directs the
Internal Revenue Service to pay the debtor's tax refunds to the Chapter 13 trustee instead of to the
debtor.
To comply with the District Court Order, the Bankruptcy Court will no longer enforce any
order confirming a plan that has already been entered to the extent that it directs the Internal
Revenue Service to pay the debtor's tax refunds to the debtor's Chapter 13 trustee. The Bankruptcy
Court will continue to enforce previously entered orders confirming plans in all other respects.
Further, on a go-forward basis, the Bankruptcy Court will not enter any order confirming a
Chapter 13 plan that contains a provision directing the Internal Revenue Service to send the debtor's
tax refunds to the debtor's Chapter 13 trustee. The Bankruptcy Court has instructed the Chapter 13
trustees to eliminate such provision in any proposed order confirming plan that is submitted for entry
after January 20, 2010 regardless of whether the plan was confirmed prior to or after January 20,
2010.
To comply with the District Court Order, the Bankruptcy Court will no longer enforce any
order confirming a plan that has already been entered to the extent that it directs the Internal
Revenue Service to pay the debtor's tax refunds to the debtor's Chapter 13 trustee. The Bankruptcy
Court will continue to enforce previously entered orders confirming plans in all other respects.
Further, on a go-forward basis, the Bankruptcy Court will not enter any order confirming a
Chapter 13 plan that contains a provision directing the Internal Revenue Service to send the debtor's
tax refunds to the debtor's Chapter 13 trustee. The Bankruptcy Court has instructed the Chapter 13
trustees to eliminate such provision in any proposed order confirming plan that is submitted for entry
after January 20, 2010 regardless of whether the plan was confirmed prior to or after January 20,
2010.
It is important to note that if a Chapter 13 plan or an order confirming a plan require
the payment of tax refunds by a debtor to the Chapter 13 trustee, the debtor remains fully
responsible to comply with such provision. The District Court Order only addresses whether the
Internal Revenue Service can be ordered to send tax refunds to the Chapter 13 trustees, not whether
the debtors must send tax refunds to the Chapter 13 trustees.
Please see the Notice from the Court
2010 Calendar Posted
[Jan 10, 2010]
The 2010 calendar has been posted and accessible from the Information page. The calendar shows disbursement dates, office closing and hearing dates. All dates are subject to change.
Notice Regarding Adoption of Amended Local Bankruptcy Rules
[Nov 25, 2009]
On November 2, 2009, the United States District Court approved amendments to the Local Bankruptcy Rules.
The amended Local Bankruptcy Rules are effective December 1, 2009. The notice can be viewed here!.
Changes of Attorney Time Slots for Confirmation Hearings before Judge Tucker & Judge Shapero
[Nov 23, 2009]
Notice is hereby given that changes are being made to the attorney time slots for
chapter 13 dockets before Judge Tucker and Judge Shapero effective February 1, 2010.
All
hearings scheduled after January 30, 2010 will be set using the updated attorney time
slots.
An updated list of attorney times for chapter 13 dockets before Judge Tucker and Judge Shapero
has been posted to the Court website.
Who Does What Updated
[October 14, 2009]
The office of the Chapter 13 Trustee Tammy L. Terry has changed our Who Does What to reflect changes to the Case Analysts, Office Assistants, Pre-Confirmation Analysts positions.
Trustee Fee Change
[October 1, 2009]
The Trustee Fee for the Office of Tammy L. Terry will be 5.4% effective October 1, 2009.
ACH Agreement
[May 7, 2009]
The Authorization Agreement for Preauthorized Payment (ACH) for use in cases
administered by Tammy L. Terry is available in the Library section of this
website, in the Bankruptcy Forms section.
A memo on the use of this form is available
HERE
2008 Economic Stimulus Payments
[April 16, 2009]
Click HERE for a
joint memo from the Chapter 13 Standing Trustees of the Eastern District of
Michigan regarding the disposition of Economic Stimulus checks.
Update
on Office 2007 and Orders
[March 14, 2009]
The Court has stated
that they are still unable to accept documents saved in the new Word 2007
format. Please do not submit orders to us in that format as we will reject them.
OCP Documentation
[January 8, 2009]
The revised Order Confirming Plan, incorporating the new IRS Tax Refund turnover language can be
found here.
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