Procedures

Trustee Procedures

Guidelines and procedures for beginning of case, pre-confirmation, and post-confirmation matters.

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This procedures guide is intended for attorneys and parties involved in Chapter 13 cases. Contact the Trustee's office with specific questions.

Beginning of Case & Meeting of Creditors

Procedure	Details
Contacting the Trustee Office / Website Case Access	www.chapter13.info Debtors (register online): www.ndc.org Creditors & creditor attorneys: www.13network.com (Internet Access Agreement required)
Making Plan Payments	Russell Brown, Trustee P.O. Box 842480, Los Angeles, CA 90084-2480 Cashier's check or money order only. Include your case number. Online: TFSBillpay.com or CourtCompass
Documents required before the meeting of creditors (non self-employed debtor)	Trustee's questionnaire, most recently filed income tax returns, two post-petition pay stubs, and statements for any financial account covering the petition date and the prior statement.
Documents required at or by the meeting (self-employed debtor)	Business income tax returns (if filed separately), bank statements, balance sheet for any separate entity, self-employment questionnaire and business case questionnaire.
Continuance of meeting of creditors (L.R. 2003-1)	Liberally granted, but may depend on whether a creditor has notified they will appear, or prior case filing. Contact the trustee for continuance; a waiver of appearance requires a motion and court order.
Representation of debtor at MOC by other attorney	Unless exigent circumstance, notice of appearance must be filed by the appearance attorney, and a Rule 2016(b) disclosure filed if paid for the appearance.
Waiver of debtor appearance at MOC	Only a bankruptcy judge may grant a waiver. The Trustee generally has no objection for exigent circumstances. Trustee requires copies of driver's license and SSN card and an attorney affidavit uploaded to the portal at least two days before the meeting.
Document transmission to Trustee	All debtor documents must be submitted through the portal: bkdocs.us. Documents must not be mailed or emailed to the Trustee's office. See Local Rule 2084-27.
Tax refund for pre-petition period	Generally to be turned over to the Trustee as nonexempt funds. May be retained by debtor for exigent circumstances if reasonably necessary.

Pre-Confirmation

Procedure	Trustee Position
Model Plan 13-2 Required? (L.R. 2084-4)	Yes. Keep Varying Provisions relevant and to a minimum.
Post-petition tax refunds	If the Trustee projects a debtor will receive tax refunds, the refunds might have to be turned over to the Trustee or plan payments increased.
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, type of debt, or unusual circumstances.
Trustee recovery of preferential transfers	Trustee will pursue unless the plan meets the best interests test AND each transferee signs the trustee's waiver of statute of limitations.
Postpetition payment of student loan	Generally will receive an objection.
Postpetition payment of 401(k) loan	Generally no objection, but may receive one if incurred close to the petition date. Payments usually acceptable; increased plan payment may be required.
401(k) loan repayment completion	The Trustee will require plan payments to increase if the loan is paid off during the term of the plan.
Adequate protection payments (personal property lien)	Follow Local Rule 2084-6.

Post-Confirmation

Procedure	Trustee Position
Post-confirmation tax refunds	Debtor may retain unless plan does not pay unsecured creditors in full and disposable income test is not met. Trustee reviews on a case-by-case basis.
Modification of confirmed plan	Trustee will evaluate the proposed modification to ensure compliance with plan requirements and creditor protections.
Motion to incur debt	Required for incurring consumer debt above a threshold during the plan. Contact the Trustee's office for current threshold amounts and procedures.
Hardship discharge	Requires the debtor to have paid creditors at least as much as they would have received in a Chapter 7 liquidation, and the failure to complete the plan is due to circumstances beyond the debtor's control.
Selling property during the plan	Generally requires court approval. Proceeds may need to be paid to the Trustee. Contact the Trustee's office before listing property for sale.
Refinancing during the plan	Generally requires court approval. Contact the Trustee's office for current procedures and requirements.