A Chapter 13 bankruptcy is very similar to debt consolidation or debt reorganization.  It combines all your debts into one repayment plan.  It enables you to keep your property and may permit you to restructure certain debts. During your plan, if you are fulfilling your responsibilities, creditors cannot try to collect their debts outside the bankruptcy system.

Some common reasons for filing a chapter 13 petition are to cure arrears on a mortgage over time, restructure a car loan, pay property taxes over time, and consolidate debts.

Being in Chapter 13 does not mean that you have to repay 100% of your debt.  Instead, the debts are classified into types, and it is common for debtors to pay only a fraction of their general unsecured debt (like credit cards or medical bills).

When you filed your Chapter 13 Voluntary Petition, a bankruptcy case was created and assigned a case number. This number is very important. You will need it whenever you contact the Trustee's office or when you make a payment to the Trustee. ALWAYS PUT YOUR CASE NUMBER ON ANY PAYMENTS, LETTERS, OR EMAIL TO THE TRUSTEE'S OFFICE.

A Chapter 13 Trustee is appointed by the U.S. Trustee for the applicable region to administer Chapter 13 cases in a specific area.   One or more Chapter 13 Trustees may be appointed for a specific judicial district or division.

The Chapter 13 Trustee does not represent debtors or creditors, but administers the bankruptcy estate.  Chapter 13 debtors make monthly payments to the Trustee and the Trustee then distributes those funds to the creditor body pursuant to the terms of the confirmed plan.

A Chapter 13 Trustee makes recommendations to the bankruptcy court regarding proposed plans and other matters, files motions to dismiss cases when warranted, and provides a concise accounting of all funds received and disbursed, among other duties.

A Chapter 13 Trustee’s office is funded entirely by the administrative fees collected from plan payments.  The maximum trustee fee is 10%.  The percent may fluctuate during the plan, but will never be higher than 10%.  All Chapter 13 debtors with cases administered by a specific trustee pay the same trustee fee percentage.

Only individuals with regular income whose debts fall within certain limits are eligible to be Chapter 13 debtors.  “Income” is a very broad term that is not limited to wages.  If you think you might qualify for Chapter 13, please seek the advice of an experienced bankruptcy attorney.

The Chapter 13 Trustee and her staff are prohibited from giving legal advice to anyone.  If you have questions about how the law applies to your situation, you will need to consult with an attorney to see what your options are and what might be best for you.

The Trustee’s office and the bankruptcy court must have your current address in order to send you important notices.  Your mailing address is on your bankruptcy petition, but if it changes, you will need to file a change of address with the court.  Sending it to the trustee’s office is not sufficient.  Each time you move or change your mailing address, you must inform your attorney, the court, and the Trustee in writing of your new address. You can use this change of address form. The form must be filed with the court to be effective.

In an effort to reduce paper and postage expense (and to stay current in the digital era), the Trustee would like to begin using email for certain correspondence. Please complete and return the Contact Information form to the Trustee.  The Trustee’s office will NEVER provide your email address to anyone for any reason unrelated to your case.

The Trustee's phone number is (716) 854-5636. The office is open Monday - Friday from 9:00 a.m. to 4:00 p.m. The office is closed on legal holidays.

If you have a question that is not a legal question, you may speak with a representative of the Trustee during office hours. You do not need to talk personally with the Trustee. The Trustee's staff is familiar with the policies and guidelines under Chapter 13 and is well qualified to discuss with you any problems or questions that may arise. The Trustee and the Trustee's staff may not give any legal advice and will tell you to direct all legal questions to your attorney.

You can also email the Trustee’s office at [email protected].

Visit the payments page →

Complete the Request for Payroll Deduction Form and submit the form to the office.  The Trustee will prepare and file a Payroll Deduction Order.  Once it is signed by the bankruptcy judge, the Trustee will serve it in your employer.  You are responsible for making the payments until the deductions begin.

If your employment changes, you will need to submit a new request.

The Trustee supplies case information to the National Data Center, an independent organization that was started to provide a central location for chapter 13 case and claim data.  You can monitor the receipt of payments and the disbursement of funds to creditors in your case.  You can register at www.ndc.org for case access.  There is no cost to register for debtors or their attorneys.

It is your responsibility to list every person or entity to whom you owe money or think you might owe money.  Every creditor listed in your Chapter 13 schedules is given the opportunity to file a claim for payment.  Non-governmental creditors must file their claims 70 days from the day your bankruptcy petition is filed, and governmental creditors have 180 days.  If a creditor does not file a claim and you want that creditor to receive payments, you have 30 days from the creditor’s deadline to file a claim for them.   The Trustee cannot pay a creditor unless a proof of claim has been filed for that debt.

After your plan is confirmed, we will send you a complete list of creditors who have filed claims in your case and the amount that they say you owe them. You should read and examine this list, called a “Notice of Intent to Pay Claims," very carefully.  Payments will be made on the amount the creditor claims, not the amount listed in your plan or schedules.  You can also examine the list of creditors by logging in to the NDC's website at www.ndc.org.

If a creditor is listed incorrectly or any amount claimed does not appear correct, you should contact your attorney at once.

The Trustee must pay pursuant to the proof of claim unless there is a court order directly the Trustee to treat the claim differently.  Telling the Trustee that you do not want her to pay a claim is insufficient.   

It is important that you list every person or entity to whom you owe money or think you owe money in your schedules.  Omitting a creditor can have serious repercussions.  If you discover that you have failed to list a creditor, tell your attorney immediately. Time is very important here, so do not delay. Your schedules will need to be amended to include that creditor and the creditor must be given notice and time to file a proof of claim.

You may not dispose of any property, including land and houses, without court approval. If you dispose of assets without permission, the transaction may be set aside. If you want to sell your property, trade in a car, or sell your home, be sure to discuss it with your attorney.  Your attorney will assist you in filing a Motion to Abandon.  Be aware that the Trustee may require some or all of the net proceeds to be paid into your plan.

During your plan, you are prohibited from incurring debt of more than $250 (except for medical emergencies) without Trustee or court approval.  That includes car loans or leases, refinancing your mortgage, using a credit card, payday loans, retirement loans, and even student loans.  If you find yourself in a position where you need to incur debt, you should talk with your attorney first because they can advise you on your specific situation.

To submit a request to the Trustee, you will need to submit a Request to Incur New Debt Form and documentation from the proposed new lender that outlines the specific terms of the debt.  That can be mailed to the Trustee’s street address or emailed to [email protected].

The Trustee will consider your request, the reason for the new debt, whether you are current on plan payments, whether your plan will complete on time, and other factors.  The Trustee may need additional information from you before making a decision.

PLEASE NOTE THAT IF THE TRUSTEE GIVES HER PERMISSION FOR YOU TO INCUR THE DEBT, THE TRUSTEE IS NOT GIVING YOU ANY LEGAL OR FINANCIAL ADVICE AND IS IN NO WAY MAKING A DETERMINATION THAT ENTERING INTO THE TRANSACTION IS IN YOUR BEST INTEREST.

Be aware that the Trustee can only approve requests for specific transactions, not the idea of incurring debt in general.  For example, if you find that you need to incur a car loan or lease, you will first need to go to a dealer, choose a vehicle, and negotiate terms of the lease or loan.  The dealer can then give you a sheet with all of the proposed loan terms, which can you can send to the Trustee along with your request to incur new debt.

The Trustee will consider your request, the reason for the new debt, whether you are current on plan payments, whether your plan will complete on time, and other factors.  You will then receive a letter from the trustee with her decision.  If the Trustee does not give her permission for you to incur the debt, you can always discuss with your attorney the possibility of seeking bankruptcy court approval.

PLEASE NOTE THAT IF THE TRUSTEE GIVES HER PERMISSION FOR YOU TO INCUR THE DEBT, THE TRUSTEE IS NOT GIVING YOU ANY LEGAL OR FINANCIAL ADVICE AND IS IN NO WAY MAKING A DETERMINATION THAT ENTERING INTO THE TRANSACTION IS IN YOUR BEST INTEREST.

Be aware that the Trustee can only approve requests for specific transactions, not the idea of incurring debt in general.  For example, if you want to refinance an existing mortgage, you will first need to arrange the loan you want.  The lender can then give you a sheet with all of the proposed loan terms, which can you can send to the Trustee along with your request to incur new debt.

The Trustee will consider your request, the reason for the refinance, whether you are current on plan payments, whether your plan will complete on time, and other factors.  You will then receive a letter from the Trustee with her decision. If the Trustee does not give her permission for you to incur the debt, you can always discuss with your attorney the possibility of seeking bankruptcy court approval.

PLEASE NOTE THAT IF THE TRUSTEE GIVES HER PERMISSION FOR YOU TO INCUR THE DEBT, THE TRUSTEE IS NOT GIVING YOU ANY LEGAL OR FINANCIAL ADVICE AND IS IN NO WAY MAKING A DETERMINATION THAT ENTERING INTO THE TRANSACTION IS IN YOUR BEST INTEREST.  

You should provide your insurance company with the Trustee’s phone number (716-854-5636) or email ([email protected]) to contact us directly.  Once we have the information needed from the insurance company, we will send a Letter of Direction to the insurance company advising them to deal directly with you or your attorney and the lien holder to obtain the balance, pay off the lien, and obtain a release. The Trustee will put a hold on the car claim until proof of payment of the lien is received from the insurance company or lien holder (this can take 1-2 months).

If you need a Letter of Guarantee or copy of the title, you must speak directly to the lien holder.

If there are additional funds after the lien holder has been paid, you may receive a refund although that depends on several factors that cannot be determined until after the settlement of the lien holder’s claim.

Please go to the National Data Center, www.ndc.org, to review your case information.  Be aware that the amount to pay off or principal balance due may not include trustee’s fees or anticipated interest on secured debts.  Also, if it appears that your plan will complete sooner than anticipated, the Trustee may seek to modify your plan.

You should contact the Trustee’s office, 716-854-5636, to obtain a payoff.  You can also request a payoff by email at [email protected].

Typically a payment made through TFS will post to a case 5-6 business days after the payment is initiated.  If you need the payment to be received by the Trustee sooner than that, you can arrange for a MoneyGram through TFS.

Please contact TFS directly. TFS is an independent company that is not affiliated with the Trustee or the bankruptcy court. Any issues with the site or problems using the site need to be directed to TFS.

Please contact NDC directly. NDC is an independent company that is not affiliated with the Trustee or the bankruptcy court. Any issues with the site or problems using the site need to be directed to NDC.

After you have made the last payment, the Trustee will perform a final audit of your case to ensure that all terms of the plan have been met and that all creditors entitled to be paid have been paid.  If the plan is not complete, the Trustee will contact you or your attorney.  If the plan is complete, the Trustee will start the closing process.  If there is a refund, it will be sent to you in the normal course of disbursements.

Once all funds have been disbursed, you will receive the Summary of Trustee’s Final Report and Account.  The Summary provides an accounting of how much each creditor was paid.  Creditors can object to the Summary.  If a creditor successfully objects, you may be required to pay more money into your plan.

If no objections are filed, the Trustee has to wait until all disbursement checks have cleared her account before she can file the Final Report.  So if you receive a refund check, even for a small amount, please cash it promptly so your discharge is not delayed!  After the Final Report is filed, the bankruptcy court will issue the discharge.

Be aware that you have certain tasks you must do as well before the court can enter the discharge, so contact your attorney to verify you have done everything you need to do.

Unless your case was converted from another chapter, the Bankruptcy Code allows you to dismiss your Chapter 13 case.  If you desire to stop your case, contact your attorney so that they can discuss your options with you. A dismissal will reactivate all of your debts under the original terms.  Any changes made in your plan will no longer apply.  Your ability to obtain relief in another bankruptcy case may be limited. The request for dismissal of your plan must be in writing and filed with the bankruptcy court.

Yes, unless you are told by the Trustee or her staff attorney that you do not need to appear.

As of October 5, 2023,Meetings of Creditors will be held via Zoom.  All debtors and their attorneys must appear visually on screen unless the Trustee specifically approves an alternate method.

If you are using a smartphone, you will need to download the Zoom app.  Do not attept to log in using a web browser on your smartphone.  For all other devices, log in here.  The Meeting ID is 957 336 2558 and the Passcode is 8777643225. 

Even though the Meeting is being conducted virtually, it is a important legal proceeding.  You will be placed under oath, and the Meeting will be recorded. Log in from a quiet place with no distractions.  There are other Meetings scheduled at the same time as yours so be respectful of others.  Mute your device until your Meeting is called.  After your Meeting is completed, please leave the Meeting.  You can speak with your attorney later.

Click here for a Best Pactices Guide.

You will need to discuss that with your attorney. 

Currently, all hearings in the bankruptcy court for the Western District of New York are being held telephonically.  If your case is assigned to Judge Carl Bucki, appearances can also be made in person at the courthouse.  Generally, debtors who are represented by attorneys only need to attend the Meeting of Creditors, but your attorney may want you to attend other hearings. Debtors who are not represented by attorneys will need to attend all hearings.  If you are unsure if you should attend a hearing, it is probably best to call in for the court hearing.  The court will send you a notice with the call in information or you can obtain that information from the court’s website here. https://www.nywb.uscourts.gov/node/8156

The Trustee strongly encourages you to find an experienced bankruptcy attorney to represent you.  Most bankruptcy attorneys will take some or even all of their fees through the Chapter 13 plan, so do not think that you cannot afford an attorney.

If you still want to represent yourself, please review the Notice to Pro Se Debtors that the Trustee mailed to you shortly after your petition was filed.

Neither the Chapter 13 Trustee nor her staff can give legal advice to anyone. You should contact your own attorney to find out your rights and responsibilities.

To be paid through the chapter 13, you must file a Proof of Claim Form with the bankruptcy court. Do not send this form to the Trustee.  The deadline to file a Proof of Claim is 70 days from the date the bankruptcy petition was filed.  You should have received notice of this deadline shortly after the filing date.  If you did not receive any notice through the mail, you may be entitled to file a late claim, but you will need to speak with an attorney about it.  Once the Proof of Claim form is filed, the debtor, the Trustee, or even another creditor can object to the claim.  If that happens, you will receive notice of a hearing.  If you receive any such notice, please contact an attorney immediately to protect your rights.

There is a difference between objecting to the bankruptcy in general and objecting to the treatment of your debt.  In either case, you should consult with a bankruptcy attorney immediately about your rights and how the bankruptcy filing may affect you.  The timeline for objecting is short, so you need to act promptly.

You will be paid through the bankruptcy plan only if you filed a proof of claim. After that, it depends on whether your debt is classified as secured, priority, or unsecured.  Generally, secured and administrative costs are paid first, then priority debt, and unsecured debt is paid at the end.

You can register for case access at www.ndc.org.  There may be a fee for registering.  If you are a small institutional creditor or an individual, you should contact NDC directly to ask about the fee.

All pre-confirmation documents and post-confirmation documents such as tax returns or pay stubs should be uploaded via the Epiq Document Delivery Portal.  To register for the portal, you must request an invitation from the Trustee.  Please send an email to [email protected] requesting the invitation and providing the email address you want to receive the invitation.

The invitation does not come from the Trustee’s office but from Epiq.

If you have any difficulties with the Portal, you will need to contact the Epiq Help Desk at 888-374-2713 and reference the Document Delivery Portal.  Do not contact the Trustee’s office.

Be aware that documents that you upload to the Trustee are not immediately available to her. They will generally be available to the Trustee the following day.

You must upload copies of the debtors’ IDs, proof of their social security number, the Attorney Declaration verifying the identification, the most recent federal and state tax returns, and current proof of income for all sources of income, including retirement and social security.  After the Meeting of Creditors, the Trustee may request additional documentation.

The Trustee has to verify the identity and social security number of all debtors.  The social security number can be verified by a Social Security Card, a W-2 or 1099, or military ID, if it has the full social security number on it.  Tax returns are not accepted as proof of the social security number.  Passports also cannot be used because they do not contain the social security number.

Acceptable photo IDs have to be government issued: a driver’s license, identity card, passport, or military ID with photo.

The Trustee will not conduct the initial Meeting of Creditors without the identification and proof of social security number, so you should upload those documents several days before the Meeting.

If you are the attorney of record, you do not need to be separately listed on Schedules D or E/F.  You do have to file a Disclosure of Compensation form.  Attorney fees being paid through the plan are generally paid in the beginning of the case at the rate of 50% of funds on hand at the time of disbursement.