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INCLEMENT WEATHER NOTICE
In the event of inclement weather
on a scheduled 341 hearing day, please call the Trustee's office
at 609-587-6888 to determine whether the office will be open for
341 hearings or whether it will be closed and 341 hearings will
be rescheduled. 341 hearings are not automatically rescheduled
if the office is closed. Attorneys or pro-se debtors must contact
Bud Rockhill at extension 118 to reschedule their 341 hearing.
<<< PLEASE NOTE: A case
cannot be confirmed if there has been no 341 hearing.>>>
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CONFIRMATION REQUIREMENTS
2009 INCOME TAX RETURNS
UPDATED 1/4/10 |
For all cases FILED after 1/1/10, we will require the verification of the filing of 2009 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 2009 Income Tax Returns prior to 5/31/2010. The required language to be included as an additional provision in the Order is, “The Petitioner(s) shall provide to the Chapter 13 Trustee, a copy of the filed 2009 Federal and State Income Tax Returns no later than 5/31/2010.”
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HONOR ROLL POLICY
Our Honor Roll system is designed
to allow cases to be confirmed in court without the presence of
the attorney of record or his or her representative. Cases that
meet the Honor Roll criteria will be posted on this website 24 hours
prior to the date of the confirmation hearing with details as to
how they are being confirmed (payment amount, length of plan, attorney
fees to be paid through the plan and any other pertinent information).
These cases, and details, will be read into the record as confirmed
at the beginning of the hearing day.
If the terms of confirmation appearing on the
Honor Roll are contested, simply appear at the hearing, at 9:00
am, and advise the Trustee of same.
In order to be eligible for the Honor Roll a
case must meet the following criteria:
- The debtor must be missing no more than 1 payment
as of the date the case is prepared for confirmation.
- There are no objections to plans, claims, etc.
made by either the debtor or any creditors.
- The Trustee is in receipt of all documents
requested (Proof of Income, Appraisal of Property, etc.) 30 days
prior to the hearing.
- The proposed Plan payment is within 25% of
the actual payment needed to confirm the case.
- There are no claims as filed which render the
plan infeasible (claim amounts are much higher than estimated
in plan, claim filed as secured rather than priority or unsecured,
etc.)
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ADJOURNMENT POLICY |
With respect
to confirmation hearings, motions and 341(a) meetings,
adjournment requests must be made in writing at least
three (3) business days prior to the scheduled hearing.
For 341(a) adjournments, contact Bud
Rockhill by fax at (609) 587-9676 or by email at brockhill@russotrustee.com. Please
do not call for a 341(a) adjournment request ... NO
adjournments will be given verbally.
For adjourments of all other hearings
before JUDGE FERGUSON OR JUDGE KAPLAN, contact Carrie Masters by fax at
(609) 587-9676 or by email at cmasters@russotrustee.com.
For adjourments of all other hearings
before JUDGE LYONS, contact Sharon Ford by fax at
(609) 587-9676 or by email at sford@russotrustee.com.
Responses to adjournment requests
will be made within 24 hours. Adjournment requests made
on the day prior to the hearing, absent emergent circumstances, will not be addressed and counsel is advised to request
the adjournment at the hearing.
Please further note that adjournments of matters schedule
for a 2:00 pm hearing should be requested directly from
Chambers; in addition, Chambers and the Trustee should
be notified of all settlements with respect to these matters
as soon as possible in advance of the hearings.
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PRIVACY NOTICE |
Notice Is Hereby Given That Information
Relating
to Your Chapter 13 Bankruptcy Case
Will Be Made Available On The Internet
To Your Creditors And Other Parties In Interest.
Pursuant to 11
U.S.C. §1302(b)(1) and 704(7), your Chapter 13 Trustee
has a duty, unless otherwise ordered by the bankruptcy
court, to furnish information concerning the administration
of your bankruptcy case as it is requested by parties
in interest.
In furtherance
of this duty, the Chapter 13 Trustee will make the following
information available to parties in interest who request
such information:
- Your name, address, bankruptcy case
number, state and district in which your case is pending,
and the Trustee assigned to your case. Your social security
number will not be visible to parties in interest but
they will be able to search for your bankruptcy case
using your social security number. Also, your employer's
name will not be displayed.
- Information regarding claims filed
against your bankruptcy case including the identity
of the claimant, the type of claim (i.e., priority taxes,
secured, unsecured, etc.), and the amount of the claim.
- A history of all payments you make
to the Chapter 13 Trustee in your bankruptcy case including
the date and amount of each payment.
- A history of all disbursements made
by the Chapter 13 Trustee in your bankruptcy case including
the date of the disbursement, the payee, and the amount.
- This information may not be viewed
by the general public but only by parties in interest
(i.e., creditors listed in your case), who have acquired
a specific password for security purposes.
You may review,
without charge, the information about your Chapter 13
bankruptcy case that is posted on the Internet. If you
believe the information about your bankruptcy case is
inaccurate, you can contact the Office of the Chapter
13 Trustee to report the error and you should receive
a written response within thirty (30) days following receipt
of such report.
The URL address
where your information is posted is http://www.ramapo.com,
which is operated by Ramapo Information Systems, Inc.,
2055 Hamburg Turnpike, Wayne, N.J. 07470. It is anticipated
that within the next several months, substantially similar
case information will also be available, with the same
security protections, on a website operated by the National
Data Center Inc., (NDC). The URL address for this site
is http://www.NDC13.com. You can contact the NDC
at NDC Executive Director, P.O. Box 2004, Sonoma, CA
95476, Phone: (707) 938-3639.
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NOTICE TO THE BAR REGARDING ATTORNEYS FEES
IN DISMISSED CASES |
FOR CASES DISMISSED VIA A COURT ORDER PRIOR TO CONFIRMATION, funds on hand will be refunded to the debtor.
FOR CASES DISMISSED AT CONFIRMATION, funds on hand will be returned to the debtor unless debtor’s attorney requests at the time of the hearing that the Dismissal Order include payment from funds held by the Standing Trustee for any balance due on attorney’s fees in the case. The Dismissal Order will specify the amount of attorney’s fees to be paid. If subsequent debtor funds are received by the Trustee, and said additional funds are requested to be paid to the attorney, the debtor’s attorney must seek an Amended Dismissal Order prior to Trustee’s Disbursement.
FOR CASES DISMISSED UPON TRUSTEE’S MOTION TO DISMISS OR TRUSTEE’S CERTIFICATION OF DEFAULT, funds on hand will be disbursed per the Dismissal Order to creditors, including unpaid attorney fees as allowed in the case and specified in the Dismissal Order.
In cases where a Supplemental Fee Application is to be filed, the Application must be filed within 10 days of the dismissal hearing date and the proposed Order must specifically authorize the Standing Trustee to pay all, or a portion of the fee award, from the funds held by the Standing Trustee.
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