2nd Notice to Creditors Affected by Motions in Chapter 13 Plans


In accordance with Local Rule D.N.J. LBR 3015-1, a Chapter 13 Plan Transmittal Letter must be filed in all cases where the Plan contains motions.  Please note that the Chapter 13 Plan Transmittal Letter and documents to be attached thereto should be attached as an exhibit to the required Certification of Service filed with the court related to the Chapter 13 Plan and Motions.

Chapter 13 Plan Transmittal Letter

Certification of Service

E-Filing Instructions:

CHAPTER 13 PLAN & MOTIONS

This event is programmed in CM/ECF to automatically transmit statistical information to the Administrative Office of the U.S. Courts pursuant to statutory mandates of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Please be sure this is the most appropriate event for the pleading you are e:filing.

Effective April 1, 2003, revised Chapter 13 Plan and Motions (Formally Local Form 8) must be used when filing a Chapter 13 plan. Motions to Avoid Liens under 11 U.S.C. 522 (f) and Motions to Avoid Liens and Reclassify Claims in whole or in part must be so noted in Article 6 of Chapter 13 Plan and Motions and do not require separate documentation in accordance with motion practice. The court, upon receipt of Chapter 13 Plan and Motions, will serve a copy of the plan on all interested parties and will issue a Notice of Hearing on Confirmation of Plan setting forth the confirmation hearing date and the last day to file objections to same. Motions, if any, noted in Article 6 of Chapter 13 Plan and Motions, will be returnable on the date of confirmation. Pursuant to DNJ L.B.R. 3015-1, “the debtor must, within twenty one days of the date of entry on the docket of the Notice of Hearing on Confirmation of Plan, serve each potentially affected creditor with a copy of the Plan and Chapter 13 Plan Transmittal Letter. The debtor shall file a Proof of Service of compliance with this section at least seven days prior to the scheduled Confirmation Hearing”.

For additional guidance, see Notice to Bar and Public Regarding Amended Chapter 13 Plan and Motions, New Forms (5/25/06) and Everything You Always Wanted to Know About the NEW Chapter 13 Plan.


NOTICE REGARDING CHAPTER 13 COLLECTION OF PERCENTAGE FEE

Effective October 1, 2014, the method by which Chapter 13 Standing Trustees collect percentage fees will change. The U.S. Trustee Program has determined to change its position regarding the timing of the collection of the percentage fee. The current practice has been for the trustees to earn the percentage upon receipt of payment but collect it upon disbursement.

Effective October 1st, the fee will be collected from all funds on hand, and thereafter, on all payments received by the Standing Trustee under the plan at the time of receipt.

This change will require significant revisions to the case administration software and the procedures of the Standing Trustees. These changes should not have any negative impact on case administration or on the software utilized by the debtor bar.

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.