October 26, Presentation by: The Honorable Meredith A. Jury, The Honorable Victoria S. Kaufman, and Trustee Elizabeth F.

Transcription

1 October 26, 2017 Presentation by: The Honorable Meredith A. Jury, The Honorable Victoria S. Kaufman, and Trustee Elizabeth F. Rojas

2 The Chapter 13 Plan Part 1: Preliminary Information Sets out boxes for the Debtor to check if: There is a valuation of property or avoidance of lien in Class 3 There is an avoidance of a judicial lien or nonpossessory, nonpurchasemoney security interest in Section IV There will be less than full payment for DSO There will be other Non-standard provisions listed in Section IV Judge Kaufman 2

3 Part 2: Plan Terms Section I(B): Nonpriority Unsecured Claims Provides options for the following (more than 1 box may be checked): pot plan percentage plan residual plan Judge Jury 3

4 Section I(B): Nonpriority Unsecured Claims Judge Jury 4

5 Section I(C): Regarding Payments Includes a section whereby the debtor will be able to select a method of payment for the plan payments to the trustee Judge Jury 5

6 Section I(D) and I(E): Income Tax Refunds and Notice of Post-petition Fees & Costs Adds a section stating that income tax returns must be provided to the trustee by the debtor within 14 days of filing the return. All income tax refunds in excess of $500 must be turned over to the trustee unless the plan is a 100% plan Adds a section with info re: Notice of Post petition Fees & Costs filed by a secured creditor; trustee authorized to commence paying charges 90 days after notice is filed unless Debtor objects by filing a motion to determine payment Trustee Rojas 6

7 Section I(D) and I(E): Income Tax Refunds and Notice of Post-petition Fees and Costs Trustee Rojas 7

8 Section II(A): Order of Payments All administrative expenses will be paid until paid in full eliminates the line to list a percentage of the plan payment to be paid towards administrative expenses Trustee Rojas 8

9 Section II(B)-Class 3A Specifies that a bifurcation of a secured or unsecured claim is proposed in the plan Requires a court order fixing the dollar amount of the secured claim and/or avoiding the lien OR Debtor must complete Section IV(C) so that the plan itself serves as a motion Adds section regarding requirement that debtor shall pay all required ongoing property taxes & homeowner s insurance for the real property in Class 3A Judge Jury 9

10 Section II(B)-Class 3A Judge Jury 10

11 Section II(B)-Class 3B Separates from Class 3A the claims that will be paid in full under the plan (claims that cannot be crammed down) Judge Jury 11

12 Section II(B)-Class 5 Allows for more space to clearly list the creditors that are being separately classified in Class 5 (non-priority unsecured claims). Also allows for cure of default in separately classified claims. Judge Kaufman 12

13 Section II(B)-Class 6 Surrender of Collateral Judge Kaufman 13

14 Section II(B)-Class 7 Adds another class for executory contracts and unexpired leases (must indicate whether it is rejected or assumed and how many months within filing will payments be cured) Judge Jury 14

15 Section IV: Non-standard Provisions Adds this section to list intentions to avoid liens and/or file motions to value separately from the plan. Plan provision will only be effective if the applicable boxes are checked in Part 1, Section 1.1, 1.2, 1.3, or 1.4. Judge Kaufman 15

16 Section IV: Non-standard Provisions Section IV(C): modifying secured claims without a separate motion Judge Kaufman 16

17 Notice of 341(a) Hearing and Debtor must give: Confirmation Hearing 21 days notice of response deadline for objection to plan 35 days notice of Confirmation Hearing plus 3 days for mail Added: Written objections must be filed 14 days before the Confirmation Hearing Deleted: 7 days before 341(a) for objections to plan Trustee Rojas 17

18 Notice of 341(a) Hearing and Confirmation Hearing First version: Any motions to avoid liens will be filed separately on local forms Second version: The plan proposes to modify secured claims without a separate motion Also adds 2 exhibits: One for a list of lienholders One for valuation evidence with additional service list Trustee Rojas 18

19 Notice of 341(a) Hearing and Confirmation Hearing Adds: Debtor and debtor attorney must attend 341(a); interested parties not required to attend Recommends to review the notice with an attorney The word forfeiture regarding how the court may treat failure to file a written objection or appear at Confirmation Hearing Dismissal order may include: Prohibition on being a debtor in any bankruptcy case versus just filing Other remedies pursuant to applicable law in addition to 180 day bar Trustee Rojas 19

20 Notice of 341(a) Hearing and Confirmation Hearing Trustee Rojas 20

21 Adds: Confirmation Order Line for docket number for the plan being confirmed. Options for fixed % plan, pot plan, and a residual plan Section A under Other Provisions for lien avoidance info and attachments Section for Surrender of Collateral and Stay Termination, lists creditors and collateral. Judge Jury 21

22 Confirmation Order Adds: Statement re: determination of amount of secured claim in plan or by separate motion is binding on the holder of the claim If RFS ordered, all payments under the plan to the collateral will cease Revesting property section property of estate will not revest until discharge is granted, case is dismissed or closed without discharge. Deletes: Executory contracts and unexpired leases (Section B) Judge Jury 22

23 Confirmation Order Page 1-2 Judge Jury 23

24 Confirmation Order Page 3 Judge Jury 24

25 LBR Significant Changes LBR (b)(7): Pleadings to value collateral and/or to avoid liens must be filed within 28 days of case commencement LBR (c)(5): Lists the specific reports and documents that are required to be submitted to the trustee if a debtor is self employed and has employees LBR (d)(2)(B): Confirmation orders will be held 7 days for objections. If the objection is timely filed, the objecting party must set a hearing on the objection not less than 7 days and no more than 28 days notice on a Chapter 13 miscellaneous motion calendar LBR (e)(2) and LBR (m)(4): For personal property and real property surrendered in a confirmed plan, a sentence is added stating that the stay is terminated as to the surrendered collateral upon entry of the order confirming plan LBR (g)(1): Objections to confirmation must be filed & served at least 14 days prior to Confirmation Hearing (versus 7 days prior to 341(a)) Judge Kaufman 25