Brett N. Rodgers
Chapter 13 Trustee
Brett N. Rodgers Chapter 13
US Bankruptcy Services
Grand Rapids,
Michigan
POST PETITION PROPERTY TAXES
Reminder to Attorneys - pleaase remind your clients to pay their post petition property taxes if they are not escrowed through their Chapter 13 Plan.
TAX RETURN AND REFUNDS REQUIREMENTS LETTER
COPY OF LETTER TAX RETURN AND REFUNDS REQUIREMENTS
****IMPORTANT NOTICE REGARDING TAX RETURNS******
Please insure that when you provide a copy of tax returns and W2's to our office that you black-out the following :
- First 5 digits of debtors' social security number
- Entire name & entire social security number of children
- Banking account numbers and routing numbers
Also, we are requesting that all documents be emailed in PDF format to attydocs@rodgersch13.com
TRICKETT NOTICE
To all Debtor's counsel:
Below see plan language I would approve to give creditors adequate notice
to file joint claims when the Debtors take the state entireties exemption
under 11 USC § 522(b)(2) and MCLA 600.5451(1)(o). This will prevent
a later costly Notice from going out and should preserve the Claims bar
date. Thanks, BNR
NECESSITY OF FILING JOINT CLAIMS (Trickett Notice):
The Debtor(s) have claimed the “State Exemptions" pursuant to 11 USC § 522(b)(2) and MCLA 600.5451(1)(o) in regard to certain real and personal property owned by the Debtor(s) and his/her spouse as tenants by the entireties. Under Michigan law, however, such property may not be exempt as to creditors who hold a joint claim against the Debtor(s) and his/her spouse. As a result, legitimate Joint Creditors may receive a larger dividend than creditors who have only an individual claim against the Debtor.
Creditors are advised that they have until the bar date set forth in
the “Notice of Chapter 13 Bankruptcy Case, Meeting of the Creditors
and Deadlines” (deadline to file Proof of Claim) to file a Proof
of Claim in this Bankruptcy proceeding which must be clearly marked as
a “JOINT CLAIM” if you hold a joint claim against the Debtor(s)
and his/her spouse or are otherwise entitled to a joint judgment against
them. Such claims must attach any supporting documentation to support
the joint claim and should be filed according to the instructions on the
Proof of Claim form you receive from the court. Failure to file a joint
claim or individual claim by the aforementioned deadline will result in
no dividend being paid to you. If you have any questions regarding the
above you should contact your attorney.
CASES CONVERTING FROM CHAPTER 13 TO CHAPTER 7
When a Chapter 13 Case converts to Chapter 7 and the debtor's attorney files
an Application for Fees they should either mail, fax or email the Chapter 13 Trustee
a copy because they will not receive notice of the application electronically.
TO ACCESS CASE INFORMATION SEE OUR LINKS PAGE:
Debtors will use the www.13datacenter.com link
Creditors & Creditor Attorneys will use the www.trustee13.com link. Please see the Links page for instructions and internet access agreement.
Debtor Attorneys will follow the instructions found on the Links page
TRANSMITTAL OF TAX RETURNS BAPCPA
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Last Updated 2/21/08