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.
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.
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.
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.
This office has received numerous inquiries about how we will be handling case administration issues, including those involving payments, given the severe impact that the recent pandemic has caused. After much deliberation, we have decided that the fairest way to handle all such situations is to continue on a case-by-case basis. We realize that everyone’s situation is different. Some attorneys have been materially impacted, while others have not. Many debtors have been affected – some temporarily and some permanently. These variations in situations do not lend themselves to broad-brush remedies. Each of our staff attorneys is intimately involved with her/his cases. They are going to continue to monitor those cases and will be available to communicate regarding the relevant circumstances. Motions to dismiss will continue to be filed, but all efforts will be made to be responsive to, and flexible with, specific circumstances. While we will be ready to make accommodations, this should not be construed as a carte blanche for those not adversely affected by the pandemic. If there are questions about a case that cannot be remedied before a hearing date, we urge attorneys to appear (via phone) in court to ensure that appropriate dispositions occur.
Effective immediately, until further notice, all 341 meetings will be held via teleconference lines. We shall handle hearings contemporaneously, with 4 attorneys. A protocol explaining how this is to work is available by the link below.
As is indicated on the court’s
site, chapter 13 lists will continue, albeit telephonically. We’ve been working
hard to get our staff operating remotely, but this will take some time. As
stated before, we’ll be flexible on continuances. We now have all staff
attorneys with remote laptops (paralegals should be soon). You should be able
to email the staff attorneys. However, their teams that enable them to appear
weekly with up to date information as to payments and documents, etc. are not yet
operating remotely, so there will be information gaps. The attorneys are doing
the best they can to maintain communications, but if you have any concerns
about your cases, please call in to the lists in court, as instructed on the
court’s site. That way you can hear the case called and provide input.
Continue to use 13documents to
upload case documents to us. The staff attorneys should be able to access
The next scheduled 341 date is
4/1. We’ll work to maintain that date, but any further hearings will be
telephonic. We have been provided with conference lines so that attorneys and
debtors can call in from separate locations. We’ll provide further info about
the procedures in advance of the date. We understand that many of the trustees
are using Skype or Zoom. We currently have Skype capabilities so this may be
used at some point.
As recently noted, the United States Trustee will soon be
providing conference lines for us to implement all-telephonic Section 341
meetings. Until that is activated, we will be continuing 341 meetings to later
dates. Specifically, the 341 meetings we had previously scheduled for Monday,
March 23, 2020, will be continued to Monday, May 4, 2020; the meetings
scheduled for Wednesday, March 25, 2020, will be continued to Monday, May 18,
2020. These continuances will be noted on the court’s docket.
Please continue to check this site and the court’s docket
for updates. We have also been sending out email “blasts” to attorneys whose
email addresses we have. If you have NOT been receiving these and would like
to, email us at firstname.lastname@example.org,
and let us know. Note, however, that the information in those messages will
also be posted on this site.
The United States Trustee will soon be providing conference lines for us to implement all-telephonic Section 341 meetings. Until that, and the related procedures, are implemented, we will be continuing 341 meetings to later date(s) to be determined. Please log in to this site for further updates. Thanks for your patience.
The chapter 13 office is working with a severely reduced staff. We’re attempting to get increasing numbers of our staff working remotely, but this will take some time. We suggest that you use the email contact sites provided on this website to communicate with our office. Someone may not always be answering the phone.
We will attempt to handle previously scheduled 341 meetings
via video procedures, as previously advised on this site.
Based upon the court’s recently issued standing order, we
will be participating at the weekly court listings telephonically, as will all
It is our intention to grant and/or recommend continuances
liberally during this uncertain period.
Historically, our case information could be accessed via http://www.ndc.org [National Data Center] or http://www.trustee13.com [Chapter 13 Trustee Online Case Status System].
As of December 31, 2019, we will only be providing information via the National Data Center site. Those who have not yet registered on that site can do so at the internet address provided above.
Since this office provides the information, it is identical on both sites, except that the graphical formats are different. We suggest you begin using the NDC site at your earliest convenience, to facilitate the transition.