Chapter 13 Plan

Skip past this section if you are filing a Chapter 7 case.

If you are filing a Chapter 13 case (where you will be making reduced monthly payments to the Chapter 13 Trustee), the following instructions apply to you. 

Your first plan payment to the Trustee is due by the 20th of the month after your case is filed. Each month afterward, your plan payment is due by the end of the month. The Trustee’s office accepts only cashier’s checks or money orders — they do not accept cash or personal checks. The Trustee also accepts electronic funds transfers through a service called TFS.

Later in the case, if you are going to be late with a plan payment or if you need to skip a payment, make sure to call our office right away. Usually, arrangements can be made to help you. If you cannot fix the problem by calling the Trustee’s office, please call our office and explain the situation to our secretaries.  We will be happy to help you straighten out the problem.

The Chapter 13 Trustee’s contact information (for Santa Clara County) is:

Devin Derham-Burk, Trustee

PO Box 50013
San Jose CA 95150
Telephone: 408-354-1345

At the Meeting with the Trustee, the Chapter 13 Trustee may have questions about information that was included in your bankruptcy papers and may ask questions. Although creditors are not likely to come to the trustee’s meeting, sometimes they have questions or complaints about the Chapter 13 plan we have proposed. Mortgage and car lenders are the types of creditors that are most likely to do so.  We will answer their questions and we will let you if any changes need to be made to the plan.  You do not have to worry about dealing with the creditors yourself — we will do that for you.

After your plan is confirmed by the court and while you are making Chapter 13 plan payments to the Trustee, let our office know if you need to make any changes in the plan. For example, if you lose your job we may be able to reduce your plan payments temporarily. Or, you may want to return a car that was being paid through the plan. We will be happy to do the required calculations and prepare a plan modification for you that makes the plan work.

While you are making your Chapter 13 payments, if you need to buy a replacement car, please call our office and explain what is happening to our secretaries. Although the Trustee does not loan money to people, she will approve a car loan up to $18,000 if you are not behind on your Chapter 13 plan payments.