NOTICE to Debtors Bar – NACTT Virtual CLE Conference

The Annual Conference for the National Association of Chapter 13 Standing Trustees was to be held in San Diego, CA from July 8 – July 11, 2020. It will now be a virtual conference, with 23 potential CLE hours. For any attorneys interested, a link to the registration information is here: https://files.mail-list.com/m/trusteemail/NACTT-annualregistration-program-fillable.pdf .

NOTICE – Plan Modifications under 11 U.S.C. § 1329(d)

We are beginning to see debtors filing motions to modify plans under 11 U.S.C. Section 1329(d). So that our position is clear, we have drafted a pro forma answer to such motions,  a copy of which is available via the link in this notice.  Such an answer may or may not be filed in all such cases, depending upon the circumstances. It may also be modified. Please be guided accordingly.

PRO-FORMA ANSWER

NOTICE – Telephonic 341 Protocol

On March 30, 2020, we posted our Protocol for telephonic 341’s. These have been going well, and we thank everyone for their cooperation. The Attorney Declaration form we were using required modifications, as noted in the prior Protocol. We were made aware of another Attorney Declaration form on the UST site, apparently from another region, simpler and better suited to our needs. Therefore, we have modified the Protocol, as attached, which includes a fillable version of the updated Attorney Declaration. Please use this form going forward.

PROTOCOL

DECLARATION FORM

As previously posted, our commission increased to 10% on May 1. There have been questions regarding the calculations needed to fund a plan. The steps are as follows: (1)  take the total amount of claims to be paid, including attorneys’ fees, and (2) divide the total by 0.9. For example, if there are $5,000 in attorneys’ fees, $5,000 in priority claims, $20,000 in secured claims, and $10,000 in unsecured claims, the total = $40,000. The trustee commission = $40,000/0.9 = $4,444, for a total plan = $44,444. Please refer any specific questions to the staff attorney or paralegal handling a particular judge’s list.

Notice – Office Operations

As of Monday, May 18, 2020, the office will be staffing to cover telephone calls to the main switchboard number, 215-627-1377. The receptionist will attempt to assist the caller, or refer the caller to the appropriate staff person. However, we encourage any inquiries about a particular case issue or court list to be made directly to the paralegal assigned to that judge; and if possible, the use of email to reduce the chances of miscommunications. Contact information is available elsewhere on this site. Thanks for your cooperation and patience.

Update – 5/1/2020

Our recent Notice (below) indicates that effective May 1, our trustee commission is going to 10%. For now, Chapter 13 case filings are down dramatically, and this may well continue. We are conducting solely telephonic 341 meetings. Because of prior continuances, the lists could be a bit busy for the next couple of weeks, but that after that we’ll begin to see the reduction in filings reflected in the 341 schedules. The debtors’ bar has been receptive to our quick change in 341 protocols, which is much appreciated. Virtually all of our staff is now working remotely. We are attempting to answer phone calls, and respond to voice mail messages (although email is preferred). If you have particular issues with your cases, please communicate with the paralegals and/or attorneys assigned to the judge involved. Failing resolution prior to the court lists, please call in to the court on the day in question. Check this site for periodic postings as to developments. We hope that everyone is staying healthy.