Procedures

 

 

BEGINNING OF CASE; MEETING OF CREDITORS

PRE-CONFIRMATION

POST-CONFIRMATION

 

 

 

 

 

 

 

 

 

 

 

BEGINNING OF CASE;

MEETING OF CREDITORS

 

 

RUSSELL BROWN          

DIANNE KERNS

 

EDWARD MANEY

Contacting the Trustee Office;

Website

General Information

 

Debtor Access

 

Debtor attorney access:

Credentials issued by trustee office.


Creditor and Creditor attorney access:

Internet Access Agreement is Required.

 

 

 

www.chapter13.info

 

www.ndc.org

 

www.ndc.org

 

 

www.13network.com

 

 

www.dcktrustee.com

 

www.ndc.org

 

www.13network.com

 

 

www.13network.com

 

 

www.maney13trustee.com

 

www.ndc.org

 

www.trustee13.com

 

 

www.trustee13.com

Making Plan Payments

Russell Brown, Trustee

P.O. Box 52548

Phoenix, AZ 85072-2548

 

Cashier's Check or Money Order only.

 

Online bill payments accepted through www.TFSBillpay.com only. 

Payments should be sent to:

Dianne C. Kerns Trustee

P.O. Box 366

Memphis, TN 38101-0366

 

Plan payments must begin 30 days following the filing of the petition.

 

Cashier's Check or Money Order only.

 

No online bill payments. 

 

Edward J. Maney, Lockbox

P.O. Box 53304

Phoenix, AZ 85072-33404

 

Plan payments must begin 30 days following the filing of the petition.

 

Cashier's Check or Money Order only.

 

Online bill payments accepted through www.TFSBillpay.com only.

 

Documents typically requested

by Trustee to be provided

before the meeting of creditors

(no self-employed debtor).

Trustee’s questionnaire, most recently filed income tax returns, two post-petition paystubs, and for any financial account the statements for the petition month and month before.

 

Documents should be submitted via email, fax or mail directly to Trustee's correspondence address. Commencing May 1, 2012, the Trustee will send out a Trustee's Questionnaire, tax returns (NLT 7 days prior to § 341(a) (§ 521(2)(A)(i)), paystubs, bank statements.

 

Trustee’s questionnaire, most recently filed income tax returns, two post-petition paystubs, bank statements covering the petition date.

Documents requested by

Trustee at or by the meeting of

creditors (self-employed debtor).

Business income tax returns, if filed separately from individual, bank statements, balance sheet for any  separate entity. Self-employment questionnaire and business case questionnaire possible.

 

 Trustee business questionnaire, business tax returns, if filed separately from individual, bank statements, profit and loss statements, affidavit of no trade debt (if applicable).

Trustee business questionnaire, business income tax returns, if filed separately from individual, bank statements, balance sheet covering the date of filing if separate business entity.

Continuance of meeting of

creditors for debtor.

L.R. 2003-1.

Liberally granted but could depend on whether creditor has notified will be appearing, or prior case filing.

Contact the trustee for continuance, but a waiver of appearance requires a motion and court order.

 

Liberally granted but could depend on whether creditor has notified will be appearing, or prior case filing.

Contact the trustee for continuance, do not file motion to continue with the court.

 Liberally granted but could depend on whether creditor has notified will be appearing, or prior case filing.

Contact the trustee for continuance, do not file motion to continue with the court.

Representation of debtor at

MOC by other attorney.

Unless exigent circumstance, notice of appearance filed by appearance attorney and Rule 2016(b) disclosure filed, if paid for appearance.

 

Discouraged unless exigent circumstance, notice of appearance filed and Rule 2016(b) disclosure if paid for appearance.

Unless exigent circumstance, notice of appearance filed by appearance attorney and Rule 2016(b) disclosure filed, if paid for appearance.

Remote appearance by debtor

attorney at MOC.

Video (preferred) or telephonic appearance allowed for MOC distant

from the attorney’s office or exigent circumstances.

 

Telephonic appearance allowed for a MOC distant from the county of residence; exigent circumstances. Debtor must make arrancements with local authority (typically the UST) in the location where the debtor is able to appear so that identification can be confirmed and the debtor sworn in person. Debtor's counsel must bring a telephone and place the long distace call.

 

Not allowed. If debtor cannot appear, file a motion to waive appearance.

Waiver of debtor appearance at

MOC.

No objection for exigent circumstances. Waiver for mere debtor convenience generally gets an objection.

Trustee requires copies of debtor’s driver’s license and social security card and affidavit from attorney attesting to the debtor’s identity and the authenticity of the documents.

 

Self-employed debtor versus debtor engaged in business.

Other factors besides trade credit include:

employees, lease, retail location, service versus product business. Monthly business operating statement to be filed by self-employed debtors.

 

Debtor is self-employed and incurs trade credit in the production of income. 11 U.S.C. Sec. 1304(a).

Other factors besides trade credit include: employees, lease, retail location, service versus product business.

Tax refund for prepetition

period.

Generally to be turned over to the Trustee as nonexempt funds. Sometimes debtor to

keep if exigent circumstance and reasonably necessary.

 

Generally to be turned over to the Trustee as nonexempt funds.

Generally to be turned over to the Trustee as nonexempt funds. Sometimes debtor to

keep if exigent circumstance and reasonably necessary.

Document transmission to Trustee.

Mail, fax or email to relevant person.

Mail, fax or email (mail@dcktrustee.com). Trustee requires the original signed soc with wet signatures.

Mail, fax or email. Trustee requires the original signed SOC with wet signatures.

 

 

PRECONFIRMATION RUSSELL BROWN  DIANNE KERNS

EDWARD MANEY

 

Model Plan 13-2 Required?

G.O. 104, L.R. 2084-4,

Form 2084-2.

Yes. Keep the Varying Provisions

relevant and to a minimum.

Yes, per General Order 104 and Local Rule 2084-4. Trustee will not stipulate to confirmation if form is not used. Keep Varying Provisions relevant and to a minimum.

Yes, per General Order 104 and Local Rule 2084-4. Trustee will not stipulate to confirmation if form is not used.

 

Post-petition tax refunds.

If refunds are projected, the refunds might have to be turned over or plan payments increased.

Case-by-case review at the time of the recommendation.

The trustee will inform the debtor in his

recommendation whether the net tax refunds will be turned over. Case by case review at the time of the recommendation.

 

Direct payment of vehicle debt.

Trustee generally objects to direct payment of vehicle or other non-mortgage debts. Some case-by-case exceptions based on amount or type of debt, when to be paid off, or unusual circumstances.

 

Adequate protection payments

personal property.

L.R. 2084-6.

 

Follow Local Rule 2084-6.

Trustee folllows Local Rule 2084-6 with a slight modification. Rather than submitting a "letter" either the debtor or creditor should file (on the Court's docket) a one page Notice Requesting Commencement of AP. This promotes transparency with virtually no added effort. (See www.dcktrustee.com for a sample form of notice). Creditors need not file a motion for adequate protection unless they are seeking more than 1%.

 

Follow Local Rule 2084-6.

Recovery of preferential

transfers.

Trustee will pursue such transfers unless the plan meets the best interests of creditors test and each transferee signs the trustee’s waiver of statute of limitations.

 

Trustee generally will not require recovery provided that the amount is paid back in the plan (best interests of creditors test) and the transferee signs a waiver of the statute of limitations.

 

 Trustee will pursue such transfers unless the plan meets the best interests of creditors test and each transferee signs the trustee’s waiver of statute of limitations.

Post-petition payment of

student loan.

 

Generally will get an objection.

Generally no objection by the trustee.

Generally will get an objection.

Preferential treatment of

student loan.

 

Generally will get an objection.

May draw an objection.

Generally will get an objection.

Post-petition payment of 401(k)

loan.

Generally no objection, but might get an objection if incurred close to the petition date. Payments of such loans usually no objection, but an increase in the plan payment might be required.

 

Generally no objection, but might get an objection if incurred close to the petition date. Payments of such loans usually no objection, but an increase in the plan payment is required.

Generally no objection, but might get an objection if incurred close to the petition date. Payments of such loans usually no objection, but an increase in the plan payment might be required.

 401(k) loan repayment

The trustee will require the plan payments to increase if the loan is paid off during the term of the plan.

  

Preferential treatment of other

nondischargeable debt.

 

Generally will get an objection.

Generally will draw an objection.

Generally will get an objection.

Preferential treatment of codebt.

Trustee might not object, but depends

on amount and money diverted away

from unsecured nonpriority claims.

Verify codebt.

 

Trustee does not object. Verification of the co-debt required.

Trustee does not object. Verification of the co-debt required.

Post-petition mortgage payments

included in the plan payment.

 

No. Debtors to make direct payment of post-petition mortgage payments generally.

Required by Standing Order: Conduit Mortgage Payments, to be paid through the plan if the mortgage is in default in any amount or decomes in default at any time during the plan. See www.azb.uscourts.gov and www.dcktrustee.com. Must seek and obtain an order excusing compliance if not paid through the plan.

 

No. Debtors to make direct payment of post-petition mortgage payments generally.

Amended Plan – when required.

L.R. 2084-8(b).

 

Substantial change of treatment to creditor or large reduction in payback to unsecured claims, including reduction in plan payments.

 

Encouraged whenever a change is made. Required if there is a material change in treatment as defined by Local Rule 2084-8(b).

Substantial change of treatment to creditor or large reduction in payback to unsecured claims, including reduction in plan payments.

Property of the estate

postconfirmation.

Might require the order confirming plan to state that nonexempt property remains property of the estate.

 

No position.

Might require the order confirming plan to state that nonexempt property remains property of the estate.

Secured creditor, no proof of

claim.

 

Trustee would require verification of the secured debt and security interest.

 

POC required except for pre-confirmation mortgage conduit payments contingent upon compliance with the documentation covered by the standing order: Conduit Mortgage Payments.

 

Trustee would require verification of the secured debt and security interest, and language in the SOC authorizing the trustee to pay when no claim is filed.

Unsecured creditor, untimely

filed proof of claim.

 

Generally Trustee will file an objection to the claim, but has made an exception for DSO and creditors who did not get proper notice of filing.

 

Generally Trustee will file an objection to the claim, but has made an exception for DSO and creditors who did not get notice of filing.

Generally Trustee will file an objection to the claim, but has made an exception for DSO and creditors who did not get proper notice of filing.

Mortgage claim arrears different

from plan amount (non-stripped

lien).

 

Unless the lien is being reclassified as unsecured/stripped, the amount of arrearage in the allowed proof of claim is the amount to be cured, unless an objection to the claim is sustained.

 

Unless the lien is being reclassified as unsecured/stripped, the amount of arrearage in the allowed proof of claim is the amount to be cured, unless an objection to the claim is sustained. The Trustee will not stipulate to confirmation unless the POC and the SOC are consistent.

 

Unless the lien is being reclassified as unsecured/stripped, the amount of arrearage in the allowed proof of claim is the amount to be cured, unless an objection to the claim is sustained.

Non-mortgage claim different

from plan amount.

 

Secured creditor must timely file an objection to confirmation.

Trustee will not stipulate to confirmation unless the POC and the SOC are consistent.

 

Secured creditor must timely file an objection to confirmation.

Stardard SOC submission

letter?

The letter is not a standard form,

but it must reference each recommendation item or

paragraph.

 

Yes. The Trustee will return any SOC not accompanies by a cover letter addressing each item from the plan evaluation. Trustee also requires that the Notice of Submitting SOC be filed on the Court's docket and that the SOC be attached as an exhibit. See www.dcktrustee.com forms and downloads. This allows for transparency for all parties.

 

Yes. The Trustee will return any PSOC not accompanied by a cover letter.

 

Return of PSOC by trustee.

Not a standard letter. Docket entry to be made.

 

The Trustee will file on the Court's docket a standard return of SOC stating the reasons for the return. This promotes transparency. 

 

The trustee will send an email or letter stating reasons SOC was rejected.

Does the Trustee sell

nonexempt property?

Yes.

 

No.

Yes.

Form stipulated order

confirming plan required?

 Yes. Click here for general form or click here for form specific to Judge Marlar cases. Use the required format and put the applicable information in it. Review the court docket and claims register before submitting.

 

 Yes. See www.dcktrustee.com forms and downloads.

 Yes, form can be found on website

www.maney13trustee.com. All administrative, secured, priority claims, and executory contacts and unexpired leases and surrendered property to be listed.

 

Preconfirmation incurring of debt.

 

Trustee will require court approval.

 

 

POST-CONFIRMATION

 

 RUSSELL BROWN

 DIANNE KERNS

 EDWARD MANEY

Post-confirmation tax returns.

Usually three post-petition years, including separately filed business returns.

 

Usually three post-petition years, including separately filed business returns.

Usually the duration of plan unless under median income then three post-petition years, including separately filed business returns.

 

Notice of plan confirmation.

 

Notice of Allowed Claims and Post-Confirmation Report.

 

Trustee report of Allowed Claims.

Notice of Allowed Claims and Post-Confirmation Report.

Incurring new mortgage debt.


 

Usually will give approval after documents provided. Might need amended Schedules I and J.

 

Incurring new non-mortgage

debt.

 

Usually will give approval after documents provided. Might need amended Schedules I and J. Vehicle payment no more than $385.

 

Usually will give approval after documents provided. Might need amended Schedules I and J.

Usually will give approval after documents provided. Might need amended Schedules I and J. Vehicle payment no more than $385.

Disbursement – timing.

Disbursement is near the end of each month. AP payments are included in the regular disbursement.

 

Regular disbursement is on the first business day of the month. This includes pre- and post-confirmation AP and mortgage conduits. Pre-writes (disbursements in cases dismissed or converted pre-confirmation generally occur the last week of the month.

 

Disbursements generally commence on the first disbursement date following the Court signing the SOC. 

 

Disbursement at the beginning of each month. Pre-Confirmation AP paid on or about the 15th of each month. Post-Confirmation AP payments are included in the regular disbursement.

 

Plan completion notice.

A Notice of Completed Plan is filed.

 

Annual report.

 

Mailed in October. Not filed with Court.

 

Mailed in May. Not filed with Court. Upon request, electronic version provided to counsel.

 

Mailed in June. Not filed with Court.

 

Plan payment delinquency.

L.R. 2084-15.

MTD filed after three months delinquent. Debtor to resolve within 35 days.

 

Trustee files a Motion to Dismiss for Delinquency if the debtor becomes two months delinquent. A hearing will NOT be set. Not sooner than 37 days after the filing of the MTD, the Trustee will review the file and upload an order dismissing if the Debtor has not met one of the requirements set forth in Local Rule 2084-15. All communication regarding the delinquency should be done via pleading with the Court. Debtors and attorneys are requested to check the status of payments on the available websites. The trustee does not negotiate catch up plans.   

MTD filed after three months delinquent. Debtor to resolve within 30 days.

 

Reinstatement of case.

L.R. 2084-16.

If the conditions that caused dismissal are resolved, trustee liberally has no objection to reinstatement. However, if the debtor wants to reinstate for purpose of conversion, trustee might not stipulate to reinstatement if a final report was filed or other issue present (DSO information not provided, substantial income).

 

If the conditions that caused dismissal are resolved, trustee liberally stipulates to reinstatement. However, if the debtor wants to reinstate for purpose of conversion, trustee might not stipulate to reinstatement if a final report was filed or other issue present (DSO information not provided, substantial income).

If the conditions that caused dismissal are resolved, trustee liberally has no objection to reinstatement. However, if the debtor wants to reinstate for purpose of conversion, trustee might not stipulate to reinstatement if a final report was filed or other issue present (DSO information not provided, substantial income).

Click here for a PDF of this page.