Office of the Chapter 13 Standing Trustee - Detroit

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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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Please make use of the contact information provided on this site for communicating with the Trustee and Carl Brooks, our Manager of Information Services.
Questions or problems regarding this web site should be directed to Carl Brooks.
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