Job Opening at Trustee’s Office

Please CLICK HERE to view our latest job opening.

Email resume and salary requirements to resume@russotrustee.com. Resumes received WITHOUT salary requirements will not be considered.

Materials from the 2014 Bench Bar Conference

Click below to download the materials in PDF format.

Chapter 13 Trustee, Debtor, and Creditor Clean-Up Issues

2014 Hot Topics

Updated Confirmation Requirements – TAX RETURNS

For all cases FILED after 1/1/14, we will require the verification of the filing of 2013 Income Tax Returns. Consistent with the policy previously established, we will not hold up confirmation but include language in the Confirmation Order that the Debtor(s) will provide a copy of the filed 2013 Income Tax Returns prior to 5/31/2014. The required language to be included as an additional provision in the Order is, “…the debtor(s) shall submit to the Chapter 13 Trustee a copy of the filed Federal Income Tax returns required pursuant to Bankruptcy Code Section 1325(a)(9) and 1308(a)”.

Materials from Brown Bag Meeting – 12/11/2013

Click here for a PDF copy of the materials used at the Brown Bag Meeting on 12/11/2013.

Notice to the Bar
regarding court procedures

Court procedures are changing
effective January 1, 2014.

Click here for more details.

New & Improved Calendar Disposition List

The new and improved Calendar Disposition List can be access by click on the CALENDAR DISPOSITION LIST link in the menu at the top of the page.

Posting this list allows our office to give advance notice of our recommendations, if any, to debtors and attorneys prior to the hearing date.

Clicking on the EMAIL INQUIRY button in the list will open a form that can be completed with questions and/or comments about the case.   This form will then be emailed directly to the paralegal or attorney in charge of the calendar.  It is a quick and efficient way to communicate with our office.

This list previously the list included only confirmation hearings, but now includes all motions as well.

 

Claims Policy Update ~ Treatment of Claims Scheduled in Plan with No Proof of Claim Filed

Claim proposed in Plan and No Proof of Claim is Filed
(Revised 2/8/13)

If Debtor’s Plan provides for payment of a claim, including curing of a mortgage  arrearage, payment of secured municipal tax lien, priority claim, or separately classified general unsecured claim, and the Creditor does not file a Proof of Claim, the claim will be set up per the Plan and placed on hold for 30 days. Debtor’s Counsel (or Debtor if Pro Se) will receive a letter advising that action must be taken within 30 days of the date of the letter or the hold will be removed and creditor paid pursuant to the plan.

EXCEPTION: No hold will be removed for payment to: NJ Div Tax, NJ Dept. of Labor, or IRS. If no action is taken, a Notice of Reserve will be filed and the Trustee may take action to fix the claim, modify the plan to pay other creditors, or deposit the funds with the Clerk of the Court.

Revised Rules Relating to Adjournment Requests

D.N.J. LBR 5071-1 CONTINUANCE

(a) An adjournment request shall be made no later than 3 business days before the hearing date. Before requesting an adjournment, the requesting party shall attempt to obtain the consent of the other parties and inform the Court of their position, including the reasons for any opposition.

(b) If a request cannot be presented to the Court within the time period provided in (a), the parties shall appear on the hearing date. The adjournment request will be considered at that time.

Compliance with this rule has been slipping and some practitioners have, appropriately, brought this to the court’s attention. The purpose of the rule is to avoid waste of attorney’s time, client’s funds and judicial resources in preparing for a matter that is not ready to proceed.

In order to encourage compliance with Local Rule 5071-1, I will adopt the following procedure:

1. A request for adjournment will be considered timely if made, with the consent of all parties in interest, by 4 P.M. on Wednesday for a Monday motion day.

2. Timely requests for adjournment with the consent of all parties in interest may be granted unless the court orders otherwise.

3. One late adjournment request with the consent of all parties in interest, may be granted, however, the next return date will be peremptory. No further adjournments will be granted and the parties must be prepared to proceed.

Updated Claims Policy :: Late Claims

Effective 10/1/12, Trustee shall not pay tardily filed claims unless otherwise provided for by Court order.  Debtor’s counsel is to review all claims with the bar date and object to any claims that are tardily filed. In default of such objection, the Trustee shall file a Motion to Expunge the Claim, however, debtor or creditor can file an objection or response to the Motion setting forth reasons for allowance of the claim.  Such allowance shall be subject to discretion of the Court.

Click here to view the updated claims policy.

ePay is Live!

Our online, electronic payment system, ePay, is now live.  CLICK HERE to learn more about ePay.