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REQUESTS TO INCUR DEBT DURING

THE PENDENCY OF YOUR BANKRUPTCY

 

Generally, the debtors in a pending Chapter 13 bankruptcy are prohibited from incurring debt unless the debtors seek permission from the Trustee or the Bankruptcy Court.  Through this site, the Trustee intends to advise the debtors and/or their attorneys the procedures that they will need to follow in order to request permission from the Trustee to incur debt.  The Trustee urges the debtors not to consider requesting permission to incur new debt during the pendency of this bankruptcy without first consulting their attorney.  Neither the Trustee nor his staff is able to give the debtors legal advice on legal issues involving their case.

 

The Trustee would urge you to first read the “Memorandum Concerning Incurring Debt” which gives the debtors and/or their attorneys general information about the procedures that the Trustee has set up.  The debtors and/or their attorneys must then choose the correct form to complete and return to the Trustee that applies to the purpose of the debt that the debtors wish to incur.  The Request to Incur Debt includes the purchase of a vehicle, the purchase of a home, the refinance a home, and other requests not included in the other forms.

 

The Request to Incur Debt must be fully completed and returned to the Trustee.  The Trustee and his staff will review each request and should have a response back to the debtors and/or their attorney within 10 business days.  Contacting the Trustee’s office in advance of the expiration of that time will only delay the review process.

 

John J. Talton

Chapter 13 Trustee

Eastern District of Texas

Marshall, Tyler, Lufkin, and Beaumont Divisions

Request to Incur Debt