Effective immediately, all unresolved matters scheduled for either Tuesday or
Wednesday hearings will require an in-person appearance. If you oppose the
Trustee’s recommendation, you must contact Jennie Archer for Judge Altenburg
cases or Kimberly Talley for Judge Poslusny cases by no later than 10:00 a.m.
Monday morning. If a request is not received by the deadline, an in-person
appearance will be required. Appearances via Court Solutions is only permissible
with Trustee consent.
Welcome
to the home page of Office of the Chapter 13 Trustee. This website is designed to serve as a resource to the Chapter 13 “Consumer Bankruptcy” community. Our office is committed to excellence and we strive to provide a high level of trust and service to the Chapter 13 debtors and creditors.
Creditors, debtors, attorneys, judges and others who come in contact with our office should receive service which adheres to the highest standards of professional, moral and ethical conduct.
I invite you to browse through the various headers on this site and acquaint yourselves with our local practices and procedures. Familiarizing yourselves with these should ease the user in navigating through the Chapter 13 process. I particularly encourage you to review the section of frequently asked questions, which should address many of the inquiries or concerns you may have.
Please know that our office stands ready to assist the Chapter 13 community.
Or plan payments should be mailed to:
Andrew B. Finberg
Chapter 13 Trustee
P.O. Box 1978
Memphis, TN 38101-1978
DO NOT send cash or personal checks, or internet bank checks. Send ONLY certified check/money order.
Print case number and name on your payment.
Attorney Best Practices for Chapter 13 Practitioners
- Personally meet your client and introduce them to any staff attorney that may assist with their case.
- Mentor your associates. Make sure they identify themselves to your clients prior to the 341(a) hearing.
- Execute a formal retainer with your client, specify what is covered under the “flat fee: and what may be billed separately.
- Ask for identification; both photo and social security – you know they will need it.
- Run a credit report to make sure that you have full information on the creditors.
- Request case information and child support number for DSO recipients.
- Educate your client as to the consequences of non-compliance. Do not just tell them to pay their mortgage, rather, advise them of what will happen if they fail to pay their mortgage. Explain what they should expect at various stages of the case.
- Specifically ask about prior cases. Run Pacer to confirm the information provided.
- Run a judgment search if your client owns realty. If you client refuses this service, get a written waiver.
- If your client owns realty request a copy of a recorded deed for each property.
- If the client owns realty, make sure you put in writing that the property cannot be sold/refinanced without court approval.
- Include proper notice to the tax authorities on all cases. Make certain that all tax returns have been filed.
- Make sure you have your client’s e-mail address. This is an easy way to keep all clients updated as to changes in procedure and law, as well as a good mode of communication.
- Ensure all required documentation is emailed to the trustee in a timely and fully redacted manner.
- Provide the client with a sample of the 341(a) questions asked to ease tension prior to that meeting.
- Advise clients to make plan payments to the lock box, put case number and name on payments which must be in the form of certified check or money order.
- Advise clients to review Trustee’s Final Report of Receipts and Disbursements.
- Advise clients of the need for the completion of Financial Literacy Course as a prerequisite to the receipt of discharge.
Chapter 13 Bankruptcy Symposium: Friday, February 5, 2021
on Friday, February 5, 2021
9:00 am – 3:00 pm
for the 2021 Chapter 13 Symposium
(live webinar)
This full day CLE event offers relevant and timely education for attorneys and paralegal staff regarding all Chapter 13 bankruptcy matters. Five sessions will cover topics including:
- Foreclosure, Forbearances and Cares Act and Life After COVID-19
- Update from the Court and Office of the U.S. Trustee and Review of the Basics
- The Circuits are Split
- My Clients Love Me but Hate Each Other
- Q & A Wrap Up with Judges and Trustees
- Alternate Track for Paralegals
Speakers Include: Chief Judge Michael B. Kaplan, Bankruptcy Court Judges from the District of New Jersey and all of the New Jersey Chapter 13 Standing Trustees. A full list of speakers and details about each session is included in the program.
IMPORTANT MCLE INFORMATION
5.0 NJ MCLE Credits have been requested toward NJ including 1 Ethics Credit and 4.0 CLE Credits have been requested toward PA. Please note: PA Credits will not post to an attorney’s PA CLE transcript until early May.
In order to receive proper credit, each attendee is required to fill out and submit a CLE Affirmation Form. Certificates of Attendancewill be issued to registered attendees ONLY upon completion of the program.
Follow Us On Twitter: #AFBNJ & LinkedIn
Attorney Payment Calculator
| Calculating New Trustee Payments |
DISCLAIMER: This calculator program is being made available as a public service to Debtor(s) and their attorneys. The Trustee does not guarantee the accuracy or completeness of the program or warrants that the program will meet all of Debtor(s) requirements or that the use of the software will be error free. It is the Debtor(s)’ attorney’s responsibility to verify the information imputed into the program, the impact on the confirmed plan, and the accuracy of the computations. The user assumes complete responsibility for the accuracy of any information and data input into the system. The Trustee shall not be liable to anyone for any decision made or action taken, or not taken, in reliance of the output derived from the program found on this website. |
COVID-19 Policies
THE CHAPTER 13 TRUSTEE WILL POST ITS RECOMMENDATION FOR ALL MATTERS SCHEDULED FOR CONFIRMATION ON ITS TENTATIVE DISPOSITIONS.
THOSE CASES RECOMMENDED FOR CONFIRMATION, WILL NOT REQUIRE AN APPEARANCE IN COURT.
THOSE CASES WHERE THE TRUSTEE IS RECOMMENDING AN ADJOURNMENT WILL NOT REQUIRE AN APPEARANCE IN COURT.
THOSE CASES WHERE THE TRUSTEE IS RECOMMENDING DISMISSAL WILL NOT REQUIRE AN APPEARANCE, UNLESS CONTESTED.
ANY PARTY OPPOSING THE TRUSTEE’S RECOMMENDATION MUST E-MAIL THE TRUSTEE’S OFFICE BY E-MAILING THE PARALEGAL ASSIGNED TO EACH JUDGE ([email protected] FOR JUDGE ALTENBURG OR [email protected] FOR JUDGE POSLUSNY, COPY TO THE COURT, SUCH THAT THE TRUSTEE AND THE COURT MAY CONDUCT A HEARING VIA COURT SOLUTIONS AT 11:30 AM ON THE SCHEDULED CONFIRMATION DATE. SELF-REPRESENTED DEBTORS LACKING ACCESS TO AN E-MAIL MAY TELEPHONE THE TRUSTEE’S OFFICE DIRECTLY.
IF A MATTER IS CONTESTED AND REQUIRES TESTIMONY, THE PARTY CONTESTING THE MATTER MUST SCHEDULE A HEARING WITH THE COURT, ON NOTICE TO PARTIES IN INTEREST. THE TRUSTEE WILL NOT CONDUCT A CONTESTED MATTER THAT REQUIRES TESTIMONY BY TELEPHONE.
341(a) MEETING OF CREDITORS:
THE TRUSTEE WILL CONDUCT ALL 341(a) MEETING OF CREDITORS TELEPHONICALLY.
THE TRUSTEE’S OFFICE WILL ENDEAVOR TO CLUSTER THE MEETINGS BY ATTORNEY REPRESENTING THE DEBTOR. EACH ATTORNEY REPRESENTING A DEBTOR IS RESPONSIBLE FOR HAVING HIS/HER CLIENT ON THE TELEPHONE AT THE TIME THE MEETING(S) ARE SCHEDULED.
IF A CREDITOR WISHES TO APPEAR AT A 341(a) MEETING OF CREDITOR THEY MAY CONTACT THE TRUSTEE’S OFFICE TO APPEAR ON THE TELEPHONE 341(a) OR THEY MAY PROVIDE THE TRUSTEE WITH WRITTEN QUESTIONS, THEY MAY WISHED RAISED AT THE 341(a), PROVIDED THE QUESTIONS ARE WITHIN THE SCOPE OF A 341(a) INQUIRY.
"ALL 341(a) MEETINGS SCHEDULED FOR MARCH 19, 2020 ARE CANCELLED. THOSE HEARINGS WILL BE RESCHEDULED BY THE TRUSTEE".
DISMISSALS HEARINGS:
THE TRUSTEE WILL POST ITS RECOMMENDATION FOR ALL MATTERS SCHEDULED FOR DISMISSAL ON ITS TENTATIVE DISPOSITION LIST.
ANY PARTY CONTESTING THE TRUSTEE’S DISPOSITION, WHO IS UNABLE TO REACH A RESOLUTION WITH THE TRUSTEE, MUST E-MAIL THE TRUSTEE’S OFFICE TO REQUEST A HEARING VIA COURT SOLUTIONS AT 11:30 AM ON THE SCHEDULED DISMISSAL DATE.
SELF-REPRESENTED DEBTORS LACKING ACCESS TO AN E-MAIL MAY TELEPHONE THE TRUSTEE’S OFFICE DIRECTLY.
MARCH 17, 2020
Correspondence Regarding Confirmation Hearings
Effective immediately, any correspondence regarding Confirmation hearings must be received no later than 11:59 p.m. Monday evening prior to the hearing. Any emails received or documents uploaded after 11:59 p.m. Monday evening will not be opened or reviewed and the Trustee’s recommendation will not be changed. If there is opposition to the Trustee’s recommendation, any request to hold the matter for the Judge must be received no later than 10:00 a.m. Monday morning. No exceptions to this policy will be given. Please note, all emails and submissions for Confirmation hearings scheduled for July 5, 2023, must be received no later than Friday, June 30, 2023. Any questions or concerns may be directed to Jennie Archer for Judge Altenburg cases and Kimberly Talley for Judge Poslusny cases.