Frequently Asked Questions


•Who determines what my plan should state?
The Bankruptcy Code requires that you, with the assistance with your attorney, examine your financial circumstances as they currently exist and then propose a Plan to resolve your particular problem. The Bankruptcy Code requires that your Plan be proposed in good faith and that the Court determine that you are using your best efforts, but aside from that the particular terms of the Plan are generally up to you.

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•When should plan payments begin?
Plan payments are due on the thirtieth day following the filing of the petition.

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•What if we are unable to pay?
The first thing you should do is to contact your attorney for advice. You will
need to provide information about your current financial situation. Your attorney will contact the trustee.

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•What if a creditor continues to contact us?
Direct contact by a creditor with you is prohibited. Should this happen, notify your attorney.

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•How do I know which creditors are being paid under my plan?
You may review the status of all transactions in your case by clicking on the Access 13 link on our home page. This will begin the process by which you will receive a password which will enable you to access this information. Information is updated approximately every three or four days.

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•What if we have other questions about our case?
You can contact the trustee directly, via e-mail or by telephone at (603) 624-0574. You can also contact our staff, Priscilla, Karen, or Irene at (603) 624-0574. Legal questions that you might have must be addressed to your attorney, as we are not allowed to give legal advice.

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•Do both my spouse and I need to attend the creditor's meeting?
All debtors involved in a case are required to attend the meeting and swear to the accuracy of the details of their financial affairs.

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•When am I required to resume making my mortgage and car
•payments?
For all secured debts such as house mortgage payments and car payments, the Plan payments that you make will be put toward catching up the arrearages that might have built up over time in the pre-bankruptcy period. The future payments required by the terms of the original agreement you had with the Bank or Finance Company otherwise control, so that if, for example, your regular payment to the mortgage company was due on the 1st of February and you had filed bankruptcy on the 25th of January, the first post-bankruptcy filing payment due to the mortgage company would be due on the 1st of that February, approximately 1 week after the filing.

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•What happens if I am unable to make my regular payments on
•my mortgage or car?
Creditors are stopped from taking any collection action against you regarding
your secured, collateralized debts as long as you keep up with the terms of your Plan. Keeping up with the terms of your Plan includes both making your Plan payments as proposed, and making the direct regular payments due to the creditor beginning with the first payment due post-bankruptcy filing. If you do not make the direct post-bankruptcy filing payments to the secured creditors, that particular creditor may request the Court grant it permission to repossess the vehicle or foreclose upon the mortgage despite the bankruptcy, in that they would allege that you are not keeping up with the required terms of your Plan.

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