CONTACTING THE TRUSTEE'S OFFICE
Telephone
Telephone (941) 747-4644
Toll Free 1-800-248-2075
Facsimile (941) 750-9266
Mailing Address
Terry E. Smith, Trustee
P.O. Box 25001
Bradenton, Florida 34206-5001
Physical Address
Plaza Del Rio
101 Riverfront Boulevard
Suite 410 Bradenton, Florida 34205
Office hours are from 8 a.m. to 5 p.m. Monday through Friday

Chapter 13 debtors should keep in close contact with their attorney. The Trustee and his staff cannot give any debtor or creditor legal advice. All debtors are encouraged, however, to communicate with the Trustee's office and ask questions of a general nature. To check on payment status or to request an accounting, for example, ask for Beverly or Kim: for inquires as to claims and Plan disbursements, ask for Diane of Sherry. A Debtor Master Report is always available, upon request, showing the entire payment and disbursement history of a case. PLAN PAYMENTS In every Chapter 13 case, the Bankruptcy Court will enter a Pre-confirmation Order providing, in part, for the commencement Plan payments to the Trustee. Failure to make the required Plan payments will result in the Court dismissing your case, sometimes with prejudice. In the event an amended Plan is filed proposing to increase Plan payments over and above that specified in the Pre-confirmation Order, the increased payments should begin with the next scheduled payment. All Plan payments are due on the first day of each month and must be made payable to Terry E. Smith, Trustee in the form of a cashier's check or money order only: the Trustee cannot accept cash payments or personal checks in any case.

Each debtor's name and bankruptcy case number should be legibly written or typed upon the face of all Plan payments and correspondence. If you cannot make the Plan payments, you may want to contact both your attorney and the Trustee's office. The Trustee, however, cannot grant additional time to make required payments. Your attorney will be able to advise you of your legal options in the event you fall behind or you cannot complete payments under a confirmed Plan. CONFIRMATION A confirmation hearing will be set approximately 180 days after the initial 341 meeting of creditors. The four (4) bankruptcy judges each have different requirements for confirmation. Confirmation of a Chapter 13 Plan is often difficult for a debtor with a good legal counsel, and pro se debtor is well advised to seek the assistance of a competent bankruptcy attorney. It is a debtor's responsibility to review all filed claims and, if advisable, object to any claims either before or immediately after the claims bar date established at the start of each case.

GENERAL CONCERNS All federal and state tax returns must be filed in order to have a Chapter 13 Plan confirmed. The Trustee may request complete copies of tax returns of other information in order to make an informed recommendation for confirmation. If pre-petition mortgage default is being cured in a proposed Plan, all required mortgage payments falling due after the Chapter 13 Petition was filed must be made directly to the mortgage creditor, not he Trustee. Payments to the Trustee will be used in part to cure errors accumulated on the mortgage prior to the filing of the Chapter 13 case. All creditors must be listed in the bankruptcy schedules and dealt with in the Chapter Plan. To add an omitted creditor, please see your attorney. A debtor may not, without the Trustee's consent, purchase on credit during the life of a Chapter 13 Plan.

The Trustee's consent is often required for example, for refinancing a home mortgage or to purchase a replacement automobile. If the Trustee's consent is needed make a request in writing and be specific, indicating what is being purchased, the cost, and the anticipated monthly payment. Court approval is required for the sale of any real estate, other than homestead, and in some instances a title company may require a Court Order approving the sale of even homesteads property. Read all the mail you receive from the Court and the Trustee's office for times, dates and other important matters. Each debtor must promptly notify both the Court and the Trustee's office of any address change.