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!
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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