Common Questions (FAQ's)

General C13-PLAN™ Questions and Answers.

1. What is the Chapter 13 Debt Consolidation PLAN and how does it work?

The Chapter 13 Debt Consolidation PLAN is a federal law that has helped tens of thousands of other San Antonioians and our clients alike Consolidate all their Bills into One (1) Significantly Lower, Interest-Free monthly payment they can afford, and in the process helped them Eliminate all their Debt and Get a Financial Fresh Start.™

The Chapter 13 Debt Consolidation PLAN is a special payment PLAN under the protection of the United States bankruptcy code. It is the PLAN we use in our Debt Consolidation program. Because the PLAN is sponsored by the federal government, in almost all cases it stops creditor harassment, credit card lawsuits, car repossessions, home foreclosures and helps you Eliminate your Debt . (Learn more about a C13-PLAN™)

2. How long will my C13-PLAN™ take?

It depends on the facts of each case. However, most C13-PLAN™s last anywhere from three (3) to five (5) years. Some PLANs may last as little as six (6) months if they are proposed as a full-paid PLAN .

3. If I file for a C13-PLAN™, will I be at risk of losing my job?

No, it is illegal for any employer (public or private) to discriminate against you solely because you filed a bankruptcy C13-PLAN.™

4. May I file a C13-PLAN™ if I have filed before?

Short answer is yes. However, particular attention has to be paid as to what chapter was filed, when it was filed and whether you completed the PLAN and/or received a discharge order. Make sure to tell your attorney when you attend your Free Initial, No Obligation - Confidential Consultation.

5. Will filing a C13 - PLAN ™ affect my credit?

Filing a C13-PLAN™ is considered a bankruptcy since its protection stems from the bankruptcy code. Therefore, your credit report will show that you filed a bankruptcy even though you are paying your Debt. Keep in mind that falling behind on your Debt payments affects your credit just as much as if you file for a C13-PLAN™ because having good credit is not only having the ability to pay your Bills as they come due, but actually paying them as they do. So it is our opinion that filing a C13-PLAN™ will not affect you further, but actually help since you begin to re-establish your credit after you file. Keep in mind that ninety-nine (99%) percent of our clients get offers of new credit within a couple of months after completing their PLAN . Indeed there is life after bankruptcy, however most of our clients who get these offers usually have to pay higher interest rates. Finally, keep in mind that there may be good reasons to not seek new credit after filing a C13-PLAN™ unless there is a real need and the court approves the need.

6. May I payoff my C13-PLAN™ early?

Generally no. You may, only if you filed a full-paid C13-PLAN™ where all your creditors will received 100% of the balance of your Debt, without interest and fees of course. There may be another way if you are fortunate to have equity in your home and you agree to use it to pre-pay your C13-PLAN™ early. However, this option would have to be done by motion and has to be approved by the court before you may proceed.

7. May I borrow money while I'm in my C13-PLAN™?

You may but only under specific circumstances. Call our office (210) 229-2067 and discuss it with your attorney since it may be necessary to file a motion to incur Debt with the court.

8. May I have the trustee withdraw my Significantly Lower, Interest-Free monthly payment from my bank account?

Unfortunately no, not at this time. The C13-PLAN™ trustee only accepts money orders, cashier checks and wage withholding from employers and retirement PLANs.

9. I got a copy of a pleading called objection to confirmation of PLAN. Do I need to do something?

Our office receives a copy of all the documents you receive. Very likely, our office is already working to resolve any dispute regarding said document. If our office needs to discuss any issue with you, we will call you to inform you and to get any information we may need to properly resolve your issue. It may be a good idea to send us an e-mail to verify your receipt of the document.

10. I received a statement called Semi-Annual Report from the C13-PLAN™ trustee, showing what payments I've made and who has been paid. Do I need to do something with it?

This report is sent out twice a year around the beginning of April and the end of October. Make sure save it for your records.

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11. What is the confirmation hearing?

This is where the court approves your C13-PLAN™ to go forward because there are no unresolved issues in your case. Generally, you will not have to attend this meeting unless our office notifies you otherwise.

12. Does my spouse and I both have to attend the confirmation meeting?

Generally, clients don't have to attend this meeting. If there is a need for you to be present with your attorney, our office will let you know both by phone and by written notice.

13. I got into a car accident with the car that is under my C13-PLAN™, what should I do?

Call us and let us know (210) 229-2067. Our office will have to review your case to see how it will affect your C13-PLAN™, if any. If you will be needing to replace your car, we may need to file a motion to incur Debt and check to see if we need to amend your C13-PLAN™. We also need to see if any insurance proceeds will be forthcoming and who would have rights to them.

14. I would like to sell my home, do I need court permission?

Yes, call our office and set up an appointment (210) 229-2067 so we can discuss your options and we will have to file a motion to sell with the court before you may proceed.

15. I received a pleading called motion for relief from stay. What should I do?

Call our office (210) 229-2067 and set up an appointment so we can discuss the motion. Generally, the creditor motion seeks permission from the court to throw out the protection afforded to you (i.e. automatic stay) so that the creditor may deal with you directly. This would allow the creditor to get one step closer to legally taking your car or house without having to go back to court for permission to do so. It is important to remember that we should attempt to take care of this motion because if the creditor gets relief, they will be one step closer to taking your property.

16. I fell behind on my house payment, will I lose my house?

No, not necessarily. It is important to keep up with your house payments but if you haven't received a motion for relief from stay (i.e. 362 motion) there is still time. Call us for an appointment (210) 229-2067 to discuss your situation with your attorney. There may be something we can do to buy time or fix the problem.

17. I'm going through a divorce, will this affect my C13-PLAN™?

Call us for an appointment (210) 229-2067. We will sit down with you and discuss how that will affect your PLAN . Remember that it doesn't matter who actually pays the Significantly Lower, Interest-Free monthly payment but only that it is done. So if a pending divorce is going to get you behind call us (210) 229-20267 to discuss a proper PLAN of action. Remember that if you filed a joint (husband and wife) PLAN , our office represents you both so you may not be able to keep information away from your spouse.

18. I have fallen behind on my C13-PLAN™ pmts. Is there something that can be done to save my PLAN?

Many times there is. Call our office for an appointment (210) 229-2067 and we will see what we can do to save your C13-PLAN™ from being dismissed.

19. May I send personal checks to the C13-PLAN™ trustee?

No, the trustee's office only accepts money orders, cashier checks or wage withholding from employers and retirement PLANs.

20. What happens if I stop making my C13-PLAN™ payments?

It is important to continue to make your C13-PLAN™ payments in a timely fashion. Generally, if you get behind two (2) or more payments, the trustee is authorized to dismiss your case. If your case is dismissed, you will not get your discharge. Remember your goal is always to get your discharge order since this is what will protect you for life from creditors ever trying to collect on those old Bills. Finally, if your case is dismissed, it may be much more difficult to re-file a new C13-PLAN™ for you because of the bankruptcy amendments of 2005. If you think you may or are falling behind on your payments, call us for an appointment (210) 229-2067 to see if we can help save your case.

21. Where do I send my C13-PLAN™ payments?

Send your C13-PLAN™ payable to: Marion A. Olson, Jr., Trustee P.O. Box 1897 San Antonio, Texas 78297. Remember the trustee only accepts cashier checks or money orders. Make sure to include your name and case number on your money order or cashier’s check.

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General Chapter 7 PLAN Questions and Answers.

22. What is the Chapter 7 PLAN?

The Chapter 7 PLAN is an alternative to the Chapter 13 Debt Consolidation PLAN . If you cannot afford the Significantly Lower, Interest-Free monthly payment with the Chapter 13 Debt Consolidation PLAN, for example because of a job loss or inability to work because of an illness or injury then we look at the Chapter 7 PLAN for you. The basic purpose of the Chapter 7 PLAN is to legally Eliminate all of your unsecured Bills and allow you to Get A Financial Fresh Start.™ An unsecured Bill is generally any Bill that is not secured with collateral such as medical Bills, credit card Bills, signature personal loans, non-collateralized bank loans, etc. (see Chapter 7 PLAN ).

23. How long will my Chapter 7 PLAN take?

Chapter 7 PLANs take on average between four (4) to six (6) months to complete if there are no unforeseen developments in the case. Your attorney can estimate the time frame based on the facts of your case.

General bankruptcy Questions and Answers.

24. What is consumer bankruptcy?

Consumer bankruptcy is the process of filing either a C13-PLAN™ or a Chapter 7 PLAN. It is a legal proceeding where essentially you are asking the federal court for protection from your creditors regarding past Debt. When successfully completed, you will receive a discharge order that will protect you forever from any attempts from your creditors ever trying to collect on any Bills that were included in your Chapter 7 or C13-PLAN.™

25. Do I qualify to file bankruptcy?

All U.S. citizens, permanent residents and (non-citizens with property interests in the U.S.) are eligible to file for bankruptcy. If your net income is higher than the medium income for the area where you live is higher, you may have to file a C13-PLAN.™ If you net income is lower than the medium income for the area where you live, then you may be eligible to file a Chapter 7 PLAN . Net income is determined by the size of your family and the income and expenses that your family has. Keep in mind that about ninety-nine percent (99%) of all San Antonians qualify to either file a Chapter 7 PLAN or a C13-PLAN.™ Your attorney will discuss the specifics of your case at your Free Initial, No Obligation - Confidential Consultation.

26. What can I do if a creditor will not stop calling and harassing me?

If you have already filed, pick up the phone and let them know that you already filed. Give them your case number and also our office information (210) 229-2067 so if they need any further information on your case, they can call us. If you haven't already filed, unfortunately there is very little you can do until you file. You may want to simply not take the call until you have had a chance to file your C13-PLAN.™

27. What are your office hours?

Our office is open from 8:00 am to 6:00 pm Monday to Friday and 9:00 am to 1:00 pm Saturdays. Also for your convenience, we have Early, Late and Week-End hours available by appointment. Remember that our automated phone information is available twenty-four (24) hours a day and you may also leave us a secure, private message on our voicemail and we'll be happy to return your call as promptly as possible. Finally, you may also send us an e-mail and we'll try to get back to you as soon as possible. If you choose to send us an e-mail and you haven't heard back from us after three (3) days, try sending it again or try calling us to check on it. Sometimes our security software does not allow the e-mail through if it doesn't recognize the sender.

28. Does my spouse and I both have to attend the Financial Management Class?

It depends. Only actual filing individuals have to attend the class. However, if you wish to bring a spouse or friend for moral support you may.

29. Does The Vasquez Law Firm accept credit card(s)?

Yes we do. However, clients that are contemplating filing may not use their credit card(s) since these Bills will be included in their C13-PLAN.™. In short, The Vasquez Law Firm will take credit card payments only from friends or family members of the people contemplating filing that are given to them as gifts rather than loans.

30. Does my spouse and I both have to sign and file?

Short answer is no. However, keep in mind that bankruptcy only protects people not Debt in and of itself. What this means is that only the actual person or persons who file get protection from creditors and their collection efforts. So for example, if you and your spouse are joint debtors on a particular credit card balance, only the filing spouse gets protection. Then the creditor is allowed to pursue collection efforts against the non-filing spouse. Your attorney will be glad to advice you whether or not it is a good idea based on your individual facts. Only married couples may file together with one petition and cost.

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31. Does my spouse and I both have to attend the meeting of creditors or 341?

Only actual filing individuals have to attend the meeting. However, you may bring a non-filing spouse or friend for moral support if you would like.

32. Are student loans dischargeable?

Generally no, student loans are unsecured loans but are specifically protected as non-dischargeable under the code. There may be a possibility to discharge them is you file an adversary complaint where you can prove EXCEPTIONAL circumstances as to why you would never be able to repay them back.

33. May I include IRS taxes into my PLAN?

Yes in fact, it is required that you include all taxes owed at the time of filing. Generally, only those taxes that are accrued or new taxes that come after the start of your C13-PLAN™ may not be included under the PLAN.

34. How much does it cost?

For a Chapter 7 PLAN, the court will charge $299. for the filing fee and $274. for the C13-PLAN.™ Our attorney fee is usually paid to us over time under the C13-PLAN™ so many times our clients don't have to pay anything up front. Our office will be glad to provide you a fee quote based on the facts of your case when you attend your Free Initial, No Obligation - Confidential Consultation.

35. Does The Vasquez Law Firm have payment PLANs?

Yes, make sure to ask your attorney when you attend your Free Initial , No Obligation - Confidential Consultation.

36. Will I get to keep all my property and belongings?

Short answer is most probably yes. Most of all our clients (about 99%) get to keep all their property when they file a Chapter 7 PLAN. However if your happen to be in the 1% of clients who would stand to lose some property in a Chapter 7 PLAN, your attorney will inform you about filing a C13-PLAN™ instead. This way you will get to keep all of your property. (Learn more about our C13-PLAN™)

37. What if I forgot to include a creditor in my PLAN?

Call us immediately(210) 229-2067. Depending on the stage of your case, we may be able to amend your PLAN and include it. Remember it is important to try to include any and all of your creditors from the beginning. If you forget to include a creditor, you may not get protection from them and most importantly no discharge from that Debt. Finally, the court will charge a fee every time we amend to include creditors.

38. May I tell creditors that I have an attorney so they can stop calling me?

It depends. If you already filed, yes. If you haven't filed, there is no protection for you yet. However, you may consider retaining our office to file bankruptcy at a later date. If you do, you may tell creditors that you have retained The Vasquez Law Firm and then creditors will call our office rather than call you.

39. Does The Vasquez Law Firm speak Spanish?

Yes we do. Make sure to tell our friendly receptionist that you prefer a Spanish appointment and we will be glad to provide you services in Spanish. Remember we have our Free twenty-four (24) hour automated phone message available in Spanish and if needed, we will translate any documents for our clients as well.

40. May I file bankruptcy if I'm only a permanent resident or a non-citizen?

Yes, but non-citizen's without a permanent resident card must have property interests in the United States. Your attorney will be glad to provide you specific information at your Free Initial , No Obligation - Confidential Consultation.

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41. May I bring my children to my appointment?

We always welcome children at The Vasquez Law Firm. However if possible, we recommend that you find care for them since your Free Initial , No Obligation - Confidential Consultation will take approximately one-hour (1) to one and a half (1.5) hours to complete.

42. Do I have to include all my Bills or only the ones I want to include in my C13-PLAN™?

The C13-PLAN™ is an ALL or nothing proposition. What this means is that federal law wants to get you out of Debt completely. So you must include ALL your Bills in the PLAN even those that you may not want to. Remember you may be able to pay some Bills back if you voluntarily wish to do so. Make sure to discuss it with your attorney.

43. What happens if I move within or away from San Antonio?

Remember that we will represent you until you complete your C13-PLAN.™ So it is important for you to think about us first when anything changes in your life. Give us a call (210) 229-2067 and we will update both our records and the records with the court.

44. I lost my copy of my Chapter 7 or C13-PLAN™ discharge order. May I get an additional copy from The Vasquez Law Firm?

Yes, there may be a small fee for retrieval costs from our off-site location but we may be able to get you a copy.

45. May I bring friends to my Free initial , No Obligation - Confidential Consultation for moral support?

Yes you may. Keep in mind that when you come to consult with us you are entitled to complete confidentiality between you and your attorney (i.e. attorney-client privilege). Therefore, you may waive such rights by bringing in a 3rd party. However we will not object so long as you understand your actions.

46. How long will my Free Confidential , No Obligation - Confidential Consultation with my attorney take?

Generally the consultation will take about 45 minutes to one (1) hour. Small business consultation may last longer about one (1) hour to one and a half (1.5) hours.

47. What is the address where the meeting of creditors or 341 is held?

For C13-PLAN™s, the meeting is held at 909 N.E. Loop 410, Ste. 400 San Antonio, Texas 78209 (210) 824-1460. For Chapter 7 PLAN s, the meeting is held at 615 East Houston Street, Rm 137 San Antonio, Texas 78205. Call us if you need directions(210) 229-2067.

48. What is the bankruptcy court's address?

Hipolito F. Garcia Federal Building and United States Courthouse

615 East Houston Street Room 137

San Antonio, Texas 78205

(210) 472-6720

(210) 472-5196 Fax

Mailing address: P.O. Box 1439, San Antonio, Texas 78295-1439

http://www.txwb.uscourts.gov/information/administration.htm#clark

49. What is the automatic stay anyway?

The automatic stay is an order that is entered by the federal court as soon as you file your C13-PLAN.™ It protects you immediately from any further attempts from your creditors to collect on your accounts or to continue a lawsuit or to try to repossess your vehicle, etc. Generally, this order stays active so long as your case is active and not dismissed or discharged.

50. What/who is the Chapter 7 PLAN and C13-PLAN™ trustee?

The trustee is the person appointment by the court to collect and distribute any funds to pay the Significantly Lower, Interest-Free monthly payment that go to all the creditors in your C13-PLAN.™ In a Chapter 7 PLAN, the trustee is appointment to administer the estate and to distribute any funds that may be available to creditors. Remember that the trustee works under the law for creditors in your PLAN.

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51. What is a discharge order?

A discharge order is the order the federal court issues once you complete your Chapter 7 PLAN or C13-PLAN™ case. Once received, save it with your important documents. This order will protect you from any future attempts of creditors trying to collect any Debt balance that was discharged in your PLAN.

52. May I pay a creditor even if I already filed and/or received my discharge order?

Yes, even after you receive a discharge order you may still voluntarily pay any creditor that was in the PLAN. However, the law says that the creditor himself may not attempt to collect the Debt from you. So said creditor may have you sign a simple document stating that you are voluntarily paying for a Debt that was discharged. Remember though that this is only if you wish to pay, they may not harass or even attempt to collect from you unless you initiated contact with them after you decided independently to pay them back.

53. Are all my Bills discharged after I complete my PLAN?

Generally most of all your Bills will be. However, some Bills are non-dischargeable such as student loans and certain secured loans unless they were paid in full during the life of your C13-PLAN.™ Your attorney will be glad to tell you at your Free Initial, No Obligation - Confidential Consultation. Remember to tell your attorney concerning ALL of your Bills.

54. I have a minor question but I can't call during office hours. May I send you an e-mail?

Yes, however keep in mind that sometimes our security software may prevent an e-mail from coming through. So if you haven't heard from us after three (3) business days, call us to verify. If it is very important, it may be a good idea to call us (210) 229-2067 as well.

55. I have a personal injury claim pending. Do I need to disclose this?

Yes, a personal injury claim is considered an asset and must be disclosed in your original filing. Your attorney will discuss with you all the details of your claim at your Free Initial, No Obligation - Confidential Consultation.

56. I am receiving a social security back payment. Do I need to disclose this?

It is important that your attorney knows about anything that may affect your financial ability. Therefore, inform our office and your attorney will let you know what, if anything, you need to do.

57. I need to talk to my attorney but I don't have time to come in. What can I do?

Call our friendly receptionist (210) 229-2067 and we will be happy to give you a phone appointment to help out.

58. I got an IRS form called 1099-C. What should I do?

This document seeks to tax you on Debt that was forgiven. The IRS sees forgiven Debt as regular income just as if you had earned it from work. The good news is that there are two (2) exceptions under the law. One is that if you were insolvent at the time the Debt was forgiven, it is not income. The second exception is that if you filed for bankruptcy then it is not income. See the back side of the 1099-C which refers to this exception.

To take care of this, include the 1099-C along with IRS form 982 with your 1040 tax return. (link to IRS forms)

59. Where is The Vasquez Law Firm located?

Our principal office is conveniently located downtown at 719 S. Flores, Ste. 100 San Antonio, Tx. 78204. We have plenty of Free off-street reserved parking for all our Guests and our Clients and we are ADA compliant having handicap accessibility. Also for your convenience we have Early, Late and Week-End hours available by appointment. Call Today. (210) 229-2067.
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60. I need directions to your Downtown office?

From 410 and 1-10 W:

take 1-10 traveling East

get on 37 South

exit Durango St. and take a Right onto Durango St.

then take a Left onto S. Flores and we will be down about two blocks on your right hand side.

We are across from the Alamo Community College District, George E. Killeen Building

From 410 and 1-10E:

take 1-10 traveling West

get on 37 North

exit Durango St. and take a Left onto Durango St.

then take a Left onto S. Flores St. and we will be down about two blocks on your right hand side.

We are across from the Alamo Community College District, George E. Killeen Building

From 35 South:

take 35 North

exit Durango St.

then take a Right onto S. Flores St. and we will be down about two blocks on your right hand side.

We are across from the Alamo Community College District, George E. Killeen Building

From 410 and 281 North:

take 281 South (37 South)

exit Durango St. and take a Right onto Durango St.

then take a Left on S. Flores St. and we will be down about two blocks on your right hand side.

We are across from the Alamo Community College District, George E. Killeen Building

From 35 North:

Take 35 South

Exit Durango and take a Left onto Durango St.

then take a Right onto S. Flores traveling South and we will be down about two blocks on your right hand side. We are across from the Alamo Community College District, George E. Killeen Building

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How do I get Started?

It is very easy to get started. Call our office direct at (210) 229-2067 and set up your Free Initial, No Obligation - Confidential Consultation with your attorney. Then we'll take it from there. Your attorney will sit down with you in private and show you exactly how the PLAN works in order to allow you to make an informed decision. We promise to help you find a PLAN that is best for you and your family. (see Our Ten Point Promise). THANK YOU for allowing The Vasquez Law Firm to serve ALL your DEBT RELIEF needs.

We can help bring you PEACE OF MIND.
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