News - Author: General
Author: General
USTP Informational Notice of Emergency Rental Assistance Program
The widespread economic impact of the COVID-19 pandemic has affected both individuals and families who have fallen behind on rent, as well as landlords who rely on rental income to meet their own expenses. As federal and state eviction moratoria expire, millions of American households could face displacement from their homes in the coming months. This could potentially spur an increase in bankruptcy filings. Through funding from the Department of the Treasury’s Emergency Rental Assistance (ERA) program, there are a wide variety of state, territorial, tribal, and local government programs that have been tailored to address the special needs of communities during these difficult times. The U.S. Trustee Program (USTP) has partnered with the Treasury Department to help raise awareness about ERA in the hopes of helping individuals to avoid bankruptcy altogether or, at a minimum, better position debtors to exit bankruptcy successfully. To assist in this effort and ensure that debtors are informed about relief that may be available to them, the USTP has prepared the Informational Notice (Notice) on ERA programs that is posted on our website. The Notice provides an overview of ERA, along with links to learn about available options by state (and, in some cases, county), get answers to frequently asked questions, or find a HUD 11approved housing counselor, among other things. It is available in both English and
Corrective Docket to begin again
Timely receipt of a Debtor’s most recent Federal income tax return has been an ongoing issue for the Trustee’s office for a long time. In the past, when the Federal income tax return was not timely received by the Trustee’s office, the 341 exam would be adjourned to a “Corrective Docket” separate of the regular First Meeting docket. Because this issue continues to be problematic, the Trustee is reinstituting the “Corrective Docket”. Therefore, when this office does not receive the tax return at least 7 days prior to the 341 date, the 341 exam will not go forward. Rather, the 341 will be adjourned to a date set aside for these exams. If the tax return is still not provided at least 7 days prior to the corrective docket and the case is not funding, the Trustee will file a motion to dismiss. If the case is funding, the 341 will be adjourned one final time, to the next corrective docket. Subject to UST approval, the corrective docket dates will be September 1, October 6, November 3 and December
New Moratorium Forms
The Trustee’s office is pleased to announce the creation of new forms to be used to obtain a moratorium of plan payments. The forms can be found in the Library section of this website. Notably the forms provide for a standard 3 month moratorium period running from the 1st day of the first month and end on the last day of the third month, addresses conduit issues and automatically provides for refunds to the debtor(s) if appropriate. The standardized forms are not required, but they are intended to reduce objections and ease administration which helps everyone
341 Exams being held telephonically until further notice
Due to the current National and State Declarations of Public Health Emergencies, all 341 exams will be conducted telephonically until further notice. The trustee’s office will initiate the call to the debtor’s attorney and the debtor’s attorney will conference in the debtor(s). The attorney will be responsible, as an officer of the court, to verify the debtor’s photo identification and social security number. Please provide our office the with the best telephone number to use for the exam. Any creditor or other party in interest that wishes to participate in the meeting of creditors must contact Sandi Jenkins at 216-621-4268 x 131, or sjenkins@ch13cleve.com, at least 7 days in advance of the meeting so that arrangements can be made for
New Prime Rate as of March 17, 2020
Effective March 17, 2020, the new Prime Rate is 3.25%, which means the presumptive rate per Administrative Order 17-02 is now 5.25%. For cases that are confirmed on or after March 17, 2020 and reference Administrative Order 17-02 for personal property secured claims, the rate to use is decreased from 6.75% to
Accessing Attorney Fee Voucher Information
Beginning June 1, 2019, the Trustee discontinued emailing the case listings voucher that once accompanied ACH attorney fee payments. This information is now being made available on the NDC website and can be accessed using your user credentials. Once logged in, click “View Report” under Attorney Trustee Payment Report located on the Overview page. This will then take you to the screen where the check number or EFT number can be entered to see your listing. If you have any issues with viewing this report, please contact the NDC directly as the Trustee cannot access your
National Form Plan to be used in Cleveland beginning December 1, 2017
The new national form plan will be mandatory in all cases filed on or after December 1, 2017. Relative thereto, new Administrative Orders were posted by the Bankruptcy Court on October 31, 2017 and may be accessed at www.ohnb.uscourts.gov/judges-info/administrative-orders. A form confirmation order is expected to be posted in the near future. General Order No. 17-1, has also been posted by the Bankruptcy Court relative to service of Chapter 13 Plans as of December 1
Employer Payroll Address List for use in Wage Order preparation
The Trustee's office has compiled a list of the payroll department addresses for various large employers in this area. Large employers with a regional or national presence commonly handle wage orders at a single processing location within the company. Please reference the payroll address list by clicking here or by going to the Library tab, then clicking on the Plan Payments section of this website to ensure you are using the correct payroll
Change in the distribution of the Chapter 13 Trustee's Annual Reports of Receipts and Disbursements
Beginning January 1, 2016, the Trustee's office changed the timing for the preparation and mailing of Annual Reports of Receipts and Disbursements. Annual reports will be mailed based on the anniversary month of the Chapter 13 bankruptcy case filing. For example, the bankruptcy case was filed in the month of May, the annual report will cover the 12-month period beginning May 1st and ending April 30th. If the case was filed in the month of October, the annual report will cover the 12-month period October 1st through September
