TRUSTEE’S MOTIONS TO DISMISS MOTIONS TO DISMISS ARE FILED FOR ARREARS, AND FAILURE TO PROVIDE REQUIRED INFORMATION. MOTIONS TO DISMISS FOR SIXTEEN DAY REVIEW ARE REQUESTED FROM THE PROVIDING OFFICERS. MOTIONS TO DISMISS ARE FILED FOR DELINQUENCY OF TWO MONTHS IN ARREARS, AND COULD BE FILED IF THERE IS NO DELINQUENCY BUT A PAYMENT HAS NOT BEEN RECEIVED FOR SIXTY DAYS. A MOTION TO DISMISS WILL NOT BE FILED FOR ARREARS IF THE CASE HAS AN INTERLOCUTORY ORDER OR AGREED ORDER; IT MAY BE FILED FOR ANY OTHER REASON. TWENTY –ONE DAY NOTICE IS GIVEN ON ALL MOTIONS TO DISMISS SO THAT A RESPONSE CAN BE FILED. THE IRS MAY REQUEST A MOTION TO DISMISS BE FILED. CREDITORS FILE THERE OWN MOTION TO DISMISS WITH THE CLERK. SOME MOTIONS TO DISMISS WILL BE FILED WITH PREJUDICE, IF THERE HAS BEEN PRIOR CASES FILED, OR MULITPLE MOTIONS TO DISMISS HAVE BEEN FILED. NOTICE OF INTENT FIRST PAYMENTS BY THE DEBTOR THAT ARE NOT MADE THE DAY THE PAYMENT IS DUE WILL HAVE A NOTICE OF INTENT TO CERTIFY FOR DISMISSAL PURSUANT TO GENERAL ORDER 2009 ‐ 03(SECTION 3,b,c&d ‐ 1) FILED THE DAY AFTER THE PAYMENT IS DUE. AN E ‐ MAIL WILL BE SENT TO THE ATTORNEY TO NOTIFY THEM OF THE NOTICE OF INTENT BEING FILED. DEBTORS HAVE 7 DAYS TO MAKE THE PAYMENT. ON THE DAY AFTER THE 7 TH DAY AN ORDER DISMISSING WILL BE FILED. INTERLCOUTORY ORDER / AGREED ORDERS INTERLOCUTORY ORDERS CAN BE AN OPTION WHEN THE DEBTOR CANNOT BE CURRENT BY COURT. THE ARREARS WILL BE DIVIDED BY SIX MONTHS PROVIDED THERE ARE SIX MONTHS LEFT ON THE BANKRUPTCY. IF THERE IS NOT SIX MONTHS LEFT ON THE CASE, THE ARREARS WILL BE DIVIDED BY THE NUMBER OF MONTHS THERE ARE LEFT. IF THERE IS NOT ENOUGH MONTHS LEFT ON THE CASE AN INTERLOCUTORY ORDER WOULD NOT BE AN OPTION. AN AGREED ORDER COULD BE AN OPTION THAT WOULD GIVE THE DEBTOR A CERTAIN DATE TO BE CURRENT. AGEED ORDERS CAN BE FOR FIFTEEN DAYS OR SOMETIME TO BE CURRENT THE DAY BEFORE THE NEXT COURT. A REQUEST OF AN INTERLOCUTORY ORDER OR AN AGREED ORDER WILL BE FORWARED TO MARC. THE REQUEST CAN BE THE MORNING OF COURT AND NEED TO BE AT LEAST THIRTY MINUTES BEFORE COURT. REQUESTS NEED TO BE SENT TO attyinfo@ch13 ‐ 12westtex.org. THE ORDERS WILL BE SENT THE DAY OF COURT, AS SOON AS COURT IS OVER. THE ORDER WILL NOT BE SENT TO YOUR OFFICE BEFORE COURT.
THE ORDER WILL BE E ‐ MAILED TO THE ATTORNEY FOR ARRPOVAL. PLEASE LET US KNOW IF THERE NEEDS TO BE ANY CHANGES MADE SO THAT A REVISED ORDER CAN BE SENT FOR APPROVAL AND SO THAT THE ORDER CAN BE FILED WITH THE CLERK AS SOON AS POSSIBLE. EVERY FRIDAY THE CASES THAT ARE UNDER AN INTERLOCUTORY ORDER WITH A PAYMENT DUE ARE CHECKED FOR COMPLIANCE WITH THE INTERLCOUTORY ORDER. IF THE DEBTOR HAS NOT COMPLIED WITH THE INTERLOCUTORY ORDER AN E ‐ MAIL WILL BE SENT TO THE ATTORNEY. THE NEXT FRIDAY THE CASE WILL BE REVIEWED. IF THERE HAS NOT BEEN A PAYMENT OR CORRESPONDENCE FROM THE DEBTOR OR THE ATTORNEY AN ORDER DISMISSING WILL BE FILED. AGREED ORDERS WILL BE CHECKED THE DAY AFTER THE DAY DUE. IF THE DEBTOR HAS NOT COMPLIED WITH THE AGREED ORDER AN ORDER DISMISSING WILL BE FILED.
NOTICE OF CLAIM FILED AND NOT FILED The NOCF ‐ NF is generated to inform you of the claims that we do and do not have at the 90 day bar date. It is filed immediately after the 90 day bar date has past. This report is meant to help aide in the preparation of the TRCC. The Trustee can not object to claims for problems bigger than duplicate claims filed. Anything bigger, the debtor is expected to object on their own immediately after receiving the NOCF ‐ NF. I would urge you to review it carefully since it does state several things that need to be addressed such as: claims that do not belong to the Debtor, duplicate claims and claims that have not been filed that the debtor attorney should file in order to start receiving payments. The NOCF ‐ NF form states which records may have an issue that needs to be addressed. These problems will range from bad addresses to claims where the payment amount or value may need to be modified. If a claim is filed prior to the TRCC that was not provided for in the plan, you may email the TRCC Department with your request for treatment of that claim. Remember that you have only 30 days from the bar date to file claims for those creditors who did not file claims. NOTICE OF ADDITIONAL OR AMENDED CLAIMS FILED The NAACF is a notice that lets you know a claim has been filed after the 90 day bar date and after the NOCF ‐ NF was filed. Claims may be filed after the TRCC has been done and that may be cause for a plan modification to be filed by the debtor. The NAACF is created any time a new or amended claim is filed before or after the TRCC is complete. This notice is very important to review and treat any situations immediately. For example, many times I see amended deficiency claims filed that are not addressed until the case is about to close even though the notice was sent out years before. It is much more efficient to treat it while the case is new in order to get the debtor completed as quickly as possible and to avoid unnecessary emails and phone calls because of a situation from so long ago.
TRUSTEE’S RECOMMENDATION OF CLAIMS & MODIFICATION’S Post Confirmation Department Walter O’Cheskey, Chapter 13 Trustee Northern District of Texas September 1, 2010
Table of Contents Page Introduction 1 180 Day Matrix Review & Letter 1 210 Day Claims Register Audit 1 Trustee’s Recommendation of Claims (TRCC) 2 TRCC Issues 3-4 TRCC orders 4 TRCC updates 5 Modifications 6 Modification Issues 7
Introduction The Trustee and his staff thank you for attending today’s workshop. We hope you find the information helpful and informative. We are available Monday through Friday from 8:00 am to 5:00 pm to answer any questions. We look forward to working with you. 180 Day Matrix Review & Letter The 180 Day Matrix Audit Done after the 180 day bar date has passed A matrix is printed from PACER and compared to addresses listed in the Trustee’s system. A Notice Only claim is added for unlisted addresses. Ensures the Trustee’s Recommendation of Claims (TRCC) and Order will be correctly noticed. The 180 day Notice Letter Sent to the debtor and debtor attorneys Notification that the 180 day bar date has passed. Reminder that the TRCC will be generated in 30 days and issues with claims should be addressed as soon as possible. 210 Day Claims Register Audit The 210 Day Claims Register audit Done just prior to the TRCC being prepared. A claims register is printed from PACER and compared to posted proof of claims. Ensures the Trustee has correctly posted each filed claim in the system. o Check account numbers, claim amounts, and classifications. 1 | P a g e
Trustee’s Recommendation of Claims (TRCC) Prepared approximately 210 days after the case is filed. Review case to see if a modification or agreed order has been entered. o Claim records are checked to make sure they are set up per the modification or agreed order’s so that they appear on the TRCC correctly. Review plan for special wording contained in section IV or section M. o Typical to find wording concerning: The payment of attorney fees ex. Pay AAPD payments until attorney fees are paid. Authorization to extend the plan term and the terms of secured and priority creditors so as not to increase the plan payments. Authorization to pay 100% to the unsecured creditors. Review order for special wording that was added at confirmation. o Typical to find wording concerning: Agreed orders with creditors. Debtor step payments and base changes. Acknowledgement of nonexempt and Hardacre figures Authorization to pay 100% to the unsecured creditors. Review case for: o Filed claims that were not provided for in the confirmed plan. o Claims provided a certain classification and filed differently ex. provided unsecured and filed secured o Duplicate filed claims. o Records provided where no claim has been filed. Generate the scheduled creditors. o Putting necessary items in the modification section. o Generate a plan calc and review to verify that: All claims will pay out as projected. The case is feasible with the confirmed base. The payment covers the permo (monthly payments to creditors). The Trustee does not allow prorata plans. Any Hardacre or Chapter 7 amounts are covered. Filed TRCC with the court. o Set at least 30 days from the date it is filed. o Monitor case for responses or objections. 2 | P a g e
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