News - Author: General
Author: General
Trustee's Percentage Fee
Effective October 1, 2020, the Trustee administrative fee is 6.5%.
New Moratorium Forms
The Trustees 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 involved.
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 trustees office will initiate the call to the debtors attorney and the debtors attorney will conference in the debtor(s). The attorney will be responsible, as an officer of the court, to verify the debtors 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 participation.
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 5.25%.
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 account
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, 2017.
Employer Payroll Address List for use in Wage Order preparation
The Trustees 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 Librarytab, then clicking on the Plan Payments section of this website to ensure you are using the correct payroll address.
Change in the distribution of the Chapter 13 Trustee's Annual Reports of Receipts and Disbursements
Beginning January 1, 2016, the Trustees 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 30th.
For Attorneys Sending Documents to the Trustee
Debtor attorneys must use the Trustees secure Document Delivery Portal for sending case documents and correspondence related to those documents to the Trustee. If you have not yet registered for the Document Delivery Portal, please contact the Trustees office so that an invitation may be sent to you. You must use the invitation email for registering. You cannot register through the Trustees website.
Base and Unsecured Base
When reviewing Chapter 13 bankruptcy case information on the NDC (National Data Center) website, debtors, creditors and attorneys will see Base or Unsecured Base information. These fields are used by the Trustee to track the amount to be paid to creditors during the term of the bankruptcy case.
