341 Resets

    Our newest policy on resetting the §341 Meeting of Creditors is that the resets will be scheduled at the last half hour of the day. If it is a half day, the resets will be at 11:30 a.m. If a full day is scheduled, then the resets will be at 3:30 p.m. Since the filings are so high most §341's are going all day, so anticipate the reset will be at 3:30 p.m.

    Also, remember that if a §341 is reset to serve us by leaving a copy of the reset in the basket by the copy machine at the §341 room. Many of you are forgetting to do this.

Upcoming §341 Dates

December 16, 2003

December 23, 2003

December 30, 2003

January 6, 2004

January 13, 2004

Confirmation Hearing Dates

Judge Waldron

December 22, 2003 at 9:00 a.m.

January 13, 2004

February 3, 2004

March 9, 2004

Judge Walter

December 16, 2003

January 20, 2004

February 24, 2004

March 23, 2004

All hearings are held at 1:30 p.m. unless otherwise designated.

Hearing Dates On Modifications

            Please make sure you allow enough time from filing your modification to the hearing date. The hearing date should really be about 35 days from filing.

                                           If you use a wrong date you will need to do a correcting notice on the hearing or file an Amended Certificate of Service if you forget the 20 day notice.

            Please make sure to check the web site, www.dayton13.com to verify the hearing dates before you file. Dates are subject to change.

            Remember, the 20 day notice must go on all motions (except dismissals and objections to proof of claims - the proof of claim notice is 30 days - see L.B.R. 3007-1(b)). Also, do not set hearing dates on objections to proof of claims - the Court will set a 7016 telephone conference and your hearing date more than likely will not make the docket.

            Furthermore, make sure your post-confirmation modifications get served on us or we won't know about them.

Petitions

            With the advent of E.C.F., you will no longer be able to write on your petitions. We also request that you no longer handwrite on the plan or schedules as we are having difficulty reading your petitions/plans. Either type or print your plan provisions. If we can't read it, the plan may not get properly noticed and you may need to modify.

Motions to Dismiss

            If you receive a motion to dismiss for nonpayment, the case will not get resolved until a full payment is made and received by our office.

            If a motion to dismiss is filed, advise your debtors to bring the funds to your office for you to mail to the lockbox. The “check is in the mail” doesn't work as it takes about 7 days from mailing for the money to be posted to the case. The payment should be in good funds.

            If you want a payroll deduction and provide for it in your response, the payroll deduction order will not get processed until after the motion is resolved - i.e. payment made.

The lock box address is:

                                                                        Jeffrey M Kellner,

                                                                        Chapter 13 Trustee

                                                                        1722 Solutions Center

                                                                        Chicago, IL 60677-1007

Order Confirming Modifications

             When you submit the Order Confirming Modification, many of you attach the mod and state so in the order. Due to E.C.F., this may cause a problem with the attachment (which may cause additional e-mails). We would recommend the Order without the attachment. Make sure you delete the language stating it is attached. Just refer to the mod by date.

ECF

            The Trustee's Office is now on E.C.F. We have found that it takes us about a week to get items filed electronically, so be patient with us while we work out the bugs.

                                     If you have not signed up for E.C.F. training, you need to do so as soon as possible. Forms for the training can be obtained from the Clerk's Office and off of the Court's website. Remember, E.C.F. will be required starting July 1, 2004.

Proof Of Claims, Modifications And Statement Of Intentions

            Timing, they say, is everything. If you do a pre-confirmation modification and the case is confirmed and then the proof of claim is filed, the proof of claim will control. If the modification is filed post-confirmation after the proof of claim is filed then the modification will control. If you provide that a second or later mortgage is to be crammed down and paid unsecured and a secured proof of claim is filed, the claim will be paid per the proof of claim until you file your adversary proceeding complaint. We will then put a hold on the claim pending the resolution of the adversary.

WATCH AND READ YOUR STATEMENT OF INTENTIONS!!!!

Social Security Numbers 

            DO NOT FORGET that only the last four digits of a debtor's social security number can be used on pleadings effective December 1, 2003.

Court and Consent Dockets 

The Judges' court dockets and consent dockets can now be accessed through our website at: www.dayton13.com

Debtor Change of Address 

            Beginning December 1, 2003, we will no longer be filing the notice with Court when a debtor changes their address. If we receive a notice in the mail that the debtor has a new address, we will change our records on the system but will not notify anyone else. You need to start stressing with your clients that they need to contact you with a change of address and you will then need to file the change of address with Court and serve us a copy. We will no longer be giving the debtors a change of address card at the §341. We will tell them that they need to contact your office so that the change can be filed officially.

Reminder To Serve

            Some of you have become very sloppy in your serving us motions to reinstate; responses to motions to dismiss and providing us with orders. This is becoming epidemic. If this does not improve, we may have to take some drastic action. Please check your office procedures on how you serve us or tickle yourself to send us orders. We have started filing motions to deny for lack of prosecution. If that does not work then sanctions may not be too far behind.

Fee Changes For Chapter 13

Effective November 1, 2003

                          Commencement of Case - $194.00

                                      Motion for Relief - $150.00

                        Fee for Splitting Joint Case - $155.00

           Appeals and Cross Appeals - $255.00

Amendment to Schedules (D, E & F), List of Creditors or Matrix -     $26.00

Mortgages In Or Out Of The Plan?

If there is a pre-petition mortgage arrearage, all claims related to that mortgage must be paid in the plan. 

            If the mortgage is current, you have the option of paying outside-BUT BEWARE! Attached hereto is an order filed by Judge Waldron in a case involving a debtor disburse mortgage.

Link to Order

            The argument that the Trustee's expense is too high does not carry much weight anymore. Due to the high filings and amount of money disbursed, the expense is not much greater and you run a greater danger of losing the home by keeping the mortgage outside the plan.

CHAPTER 13 LOCAL RULE CHANGES

TO GO INTO EFFECT JANUARY 1, 2004

There are other changes in the Local Bankruptcy Rules that affect chapters 7, 11 and 12,

(but we do not care since Chapter 13 is supposed to be our expertise. If you practice in those areas, you need to read the new local rules)

1002-1(e)(2) - Petition - General

                               Requirements of Designation

Expanded the definition of a consumer case to include a debtor who was formerly engaged in business and has more consumer debt than business debt

2002-1(c)(1) - Notice to Creditors and Other Interested Parties

Returned Notice - Chapter 13 cases. This is probably the biggest change effecting debtor's counsel. Debtor's attorney's address shall be listed as the return address on all §341 Notices and final orders of discharge. Debtor's attorney shall correct any address errors by amending the proper schedule or list, renoticing the creditor and filing a Certificate of Service. Neither the trustee nor the clerk will maintain a permanent record of or retain notices.

3001-1(e) - Claims and Equity Security Interests - General

(e) Transferred Claims - Requires the transferee to be included in the notice the date the affected Proof of Claim was filed, the amount of the claim and the Proof of Claim number assigned by the clerk.

3006-1 - Claims Withdrawal

Added - Any creditor withdrawing a filed Proof of Claim shall state with specificity the date the affected Proof of Claim was filed, the amount of that claim and the Proof of Claim number assigned by the clerk.

3015-1(e) - Chapter 13 Plan

Payment Method - Added the chapter 13 debtor as a party who can file the motion for payroll deduction, and requires the motion by the debtor shall be made with the filing of the plan.

Note: In Dayton, the preferred method is for the Trustee to institute the required paperwork at the conclusion of the Meeting of Creditors.

4001-1 - Automatic Stay - Relief From

                               Added (a)(1), (2) and (3)

(1) for real estate, which requires attaching Form 4001(a) to the motion along with copies of the note and mortgages;

(2) motor vehicles, attaching a copy of the title showing notation of lien, balance due movant and value of vehicle from any recognized motor vehicle guide; and,

(3) personal property, which requires a description, value, balance due and copy of the Security Agreement or Retail Installment Contract.

4001-2 - Cash Collateral

There are changes in the procedures for a motion for cash collateral (which is rare in a Chapter 13 case).

5003-1 - Clerk

                               Check the updated addresses for the State and Federal agencies.

5005-1(c) - Filing Papers - Requirement

(c) Identification of attorney expanded to include attorney mailing address, telephone numbers, fax number, email address and state bar number in the signature block under the signature line

5005-4 - Electronic Filing

See Administrative Procedures for Electronic Case Filing available at the court's website at: http://www.ohsb.uscourts.gov

6004-2(c) - Sale of Estate Property - Chapter 13 Cases

Clarifies the objection process as to the sale of personal property. If the trustee does not approve the Application to Sell, or a creditor objects (and any objection shall be served on the trustee and not filed with court) debtor may file a motion with the court and request a hearing and shall include as an attachment copies of any objections and/or the trustee's denial of the application.

9007-1 - Papers - Requirements of Forms

(b) Papers and Form. Added “Typed print on pleadings submitted for filing shall be at least 10-12 font size.”

9073-1 - Hearings (Including Expedited Hearings)

Changes some of the procedures for requesting an expedited hearing or disposition and order

Forms - Changes to:

                               1.) Form 2016-1(a)(1)(A) Interim Application of Compensation and Expense

                               2.) Form 4001(a) - Relief From Stay/Adequate Protection

                               3.) Form 7016-1 - Order on Pretrial and Trial Procedures Order

Comments from

                Jeffrey M. Kellner,

                Chapter 13 Trustee

                (a.k.a. Scrooge)

Happy Holidays from our office!

We had a record year for filings. We appreciate the work and cooperation from the Court, attorneys and staff.

  Who says we do not have a sense of humor?

  (You need a sense of humor to work in our office.)

We are working hard...

 and storing up for a long hard winter.

                      We really DO get wrapped up in our work!

From the Chapter 13 Trustee and Staff!