Frequently Asked Questions
Does the Trustee represent me?
- NO, the Trustee is an objective third party, charged with overseeing and ensuring the repayment of debts to secured and unsecured creditors, as well as governmental agencies or bodies.
When can I speak to a Paralegal regarding my Chapter 13 case?
- It is highly encouraged that you contact your attorney for any inquiries involving your case, as the Trustee and his Staff do not represent you and are barred by Federal Law, from giving legal advice.
- The primary and most efficient method of contact to this office is via email. Please Refer to the Contact Us page for the Staff Directory.
- Calls made to the Trustee’s office are accepted between the hours of 2:00 and 4:00 p.m. only, however, email responses to inquiries are made on a first come first served basis as the staff gets to them.
- Upon calling this office, YOU MUST HAVE YOUR CASE NUMBER, the Receptionist will not put your call through and the Staff will not speak with you without your case number.
- It is best to visit our Contact Us page to find the email address of the appropriate Staff member regarding an upcoming hearing. However, if you must call the office please advise the Receptionist that you are calling about a court hearing within the week by stating the date of your hearing, upon the start of your call to ensure proper transfer to the department that can best help you.
Where can I obtain a full case history of my payments made to the Trustee and the payments being made to my creditors?
- Please register at the National Data Center or contact your attorney who can monitor this information on the Trustee’s Website for you.
- If you have questions regarding the information on these websites please contact your Attorney who will solve your issues.
- Please note: The Trustee and his Staff do not represent you and are barred by Federal Law, from giving legal advice. Therefore, we are not able to answer your questions regarding payments made to Creditors in your case. You will be instructed to contact your Attorney or the Creditor, in question, to handle your inquiry.
I received a Bi-Annual report, who can I speak to about this?
- The Trustee and his Staff do not represent you and are barred by Federal Law from giving legal advice regarding your case.
- Please contact your attorney should you have any inquiries regarding the report and your case.
How can I find out my balance?
- You can receive your balance by emailing a payoff request to the Trustee’s office with your case number on the letter.
- PLEASE BE ADVISED, this information is NOT PROVIDED over the phone.
- Please note there is a two-week turnaround time for a response to your letter. Many times, the Trustee will not provide a payoff unless the debtor receives permission from the Court to prepay the case.
- Payoff letters are expired after thirty (30) days.
Why do I need to send my Tax Returns and Refunds to the Trustee?
- Because it is stipulated in your confirmed plan.
- If your confirmed Chapter 13 Plan pays less than 100% to unsecured creditors, you must turnover Tax Returns, and any Refunds throughout the life of the Plan to the Trustee.
When do the Tax Returns have to be forward to the Trustee’s office?
- Trustee should receive copies of the Tax Returns no later than April 15. Please forward PDF FORMATTED, COMPLETE, and REDACTED copies of Tax Returns to the office. Make sure the case number is on the Tax Returns.
- ALL returns must be provided on or before April 15th. Please note you MUST HAVE A COURT ORDER allowing you to go on extension to file your tax return after the date it is due.
- All Tax Returns must be redacted and emailed to Documents Email (for Debtor(s) Only) please enter your case number along with the words “Tax Returns” in the subject line of your email. Please be advised attachments must be in PDF format.
If I am getting a refund, when does the Trustee have to receive it and how do I tender payment?
- Trustee should receive the Tax Refunds no later than June 15th.
- If the refund is being directly deposited into your bank account, you can turnover your refund in one of two ways:
- through TFS Bill Pay.
- When sending your payment through TFS, please be advised this is not considered a regular monthly plan payment.
- You must indicate that this payment is a “tax refund” from the drop-down box within the program. Failure to do so will result in the misallocation of funds in your case.
- by money order or certified check.
- Please note: payment should be made out to: Michael Macco, as Trustee.
- In the memo part of the money order or certified check please state that it is the State and/or Federal Tax Refund and the year it is for. Failure to do so will result in the misallocation of funds in your case.
- through TFS Bill Pay.
- If you are receiving a refund via check from either the IRS or Department of Taxation and Finance you can send the check to our office. No need to deposit into your bank account. Simply do the following:
- Endorse the back of the check
- Write “For Deposit Only, Michael J Macco, as Trustee” on the back of the check
- Write your case number on the front of the check.
- Mail your check to:
Michael J. Macco, Trustee
2950 Express Drive South
Islandia, NY 11749
If I owe money to the IRS or New York State, can I use my Tax Refund to pay the IRS or New York State?
- No, you cannot use your IRS or New York Refund(s) to pay the IRS or New York State. You must obtain a Court Order if you wish to do so.
- If the IRS or New York State is keeping your Tax Refund, you must email the official letter from the IRS or New York State, stating that the taxing authorities are offsetting the Tax Refund for the said year. Attorneys are directed to upload this information to the Trustee’s website if given to them by their client.
How do I provide documents for an upcoming 341 Meeting and/or Hearing on Confirmation Calendar?
- Please be advised the Trustee requires that all documents be uploaded to the portal at the Trustee’s Website if you are represented by an attorney.
- If you are representing yourself you are to email your redacted and PDF formatted documents to Documents Email (for Debtor(s) Only).
- The Trustee does not review, consider, or send responses on UNFILED DOCUMENTS!
- Pursuant to Federal Law you are required to redact identifying information from all documents uploaded or emailed to this office. Documents that are not redacted will be rejected.
- Please note there is a Chambers Rule that has been adopted by our Judges regarding documents sent to the Trustee as it relates to upcoming court hearings.
I have sent documents to the Trustee’s office for a Hearing on Confirmation Calendar, when will I know if the documents were accepted?
- The Trustee and his staff review files that are on for the upcoming confirmation calendars as documents are received. On a daily basis. On a first come, first served basis. Once this office receives documents, a response is sent via email to the attorney of record, at least 72 hours after receipt of the document has been uploaded to the Trustee’s portal.
How will I know what documents were requested by the Trustee for the hearing and when is it due?
- During the 341 meetings, the Trustee provides a 341-memo sheet to the debtor and debtors’ attorney. It lists all of the documents that are outstanding.
- On the memo sheet, there is a date listed for when Trustee wants these outstanding documents uploaded to the portal, or emailed (if you represent yourself).
- You must have these documents in our office no later than the date that is given to you. Failure to do so may result in the dismissal of your case.
I have a hearing fast approaching, I have not heard anything from the Trustee’s office regarding my hearing, what do I do?
- Contact your Attorney
- Appear in court on the date scheduled and be ready to appear before the Judge.
- It is the responsibility of the debtor and the debtors’ attorney to review their case before the confirmation/motion calendar date to ensure compliance with the Trustee’s requests.
I received a motion to dismiss for failure to make payments, what do I do? Will I need to appear in court?
- All court appearances are required unless otherwise noted.
- Contact your attorney.
- To secure an adjournment of a motion for default in payments, you must tender at least one-half of the total balance due. Once you have verified receipt of payment through the National Data Center , you then, must contact the Trustee’s office to request an adjournment.
- Once you receive confirmation of the adjournment and have been provided with the postponement date, you must bring yourself current with money and/or documents by the date of the next hearing.
- Failure to bring yourself current and/or follow-up with the Trustee and/or failure to appear in court, will result in dismissal of your case.
How do I obtain car loan?
- To receive a car loan, or lease you must get the Trustee’s permission, or obtain a Court Order. You must send a written request to our office.
- In the letter it should state the make, model, year, and car loan amount.
- Please note there is a TWO-WEEK turnaround time to receive a response to your request, please plan accordingly.
- The Trustee will not approve any car loan prior to confirmation of the case.
- Please email all requests for approval.
How do I send my Chapter 13 Payments?
- The most effective way to make a payment to this office is to use TFS.
- Please note: you must schedule your payment at least 5-8 business days BEFORE IT IS DUE for your payment to be received timely. For example, if your payment is due on the 13th you must schedule your payment to come out of your account on or about the 1ST of each month.
- Payments that are showing “in-transit” or “processing” do not count as tendered, until it is received and applied to your account, in this office. You can check on your payments by logging on to the National Data Center website.
- You can also make payments by certified bank check, or money order. Please make sure you write your case number directly on each payment you send to this office. If sending multiple money orders, the case number needs to be written on each payment. Please make your payment payable to MICHAEL MACCO, AS TRUSTEE. Mail your payment to:
Michael J. Macco, Trustee
2950 Express Drive South
Islandia, NY 11749