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 – NDC

NOTICE

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.

NOTICE – REDACTION

PLEASE COMPLY WITH BANKRUPTCY RULE 9037 (a) (SEE BELOW) WITH RESPECT TO ANY DOCUMENTS PROVIDED TO US.

(a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing made with the court that contains an individual’s social-security number, taxpayer-identification number, or birth date, the name of an individual, other than the debtor, known to be and identified as a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number;

(2) the year of the individual’s birth;

(3) the minor’s initials; and

(4) the last four digits of the financial-account number.

In addition, the redaction should include insurance policy numbers. Note that many homeowners’ policies include mortgage-loan account information.