Office of Chapter 13 Trustee Thomas J King

NEWS

Upcoming Disbursement Dates

August 20, 2014
September 17, 2014
October 15, 2014
November 19, 2014

March 17, 2014
Judge Kelly's Doomsday Procedures

From Judge Kelly:

For those that are interested, I recently published procedures for "doomsday orders" in Chapter 13 cases.  These orders are typically entered to resolve a Trustee's Motion to Dismiss when a debtor has defaulted on a plan.  The doomsday order sets deadlines for plan payments or other requirements, and provides that the case will be dismissed if the debtor defaults again, as shown by the Trustee's affidavit of default.  

Recently, Debtors' attorneys as well as the Trustees have been drafting and submitting these orders, and clarity and consistency were suffering.  There also have been questions about what the objection period is, if any, after the Trustee submits the affidavit of default.  I hope that the written guidelines (including suggested language for the Order) will make it easier to draft and explain these Orders to your clients.

The written guidelines are at www.wieb.uscourts.gov under Judges, and then Judge Kelley Procedures.  

November 22, 2013
Fee Changes

The U.S. Judicial Conference approved several changes to the federal court miscellaneous fee schedules that relate to bankruptcy courts and become effective on Dec. 1, 2013.

Changes include:
- A new $176 fee for the filing of motions for the sale of property free and clear of liens under §363(f).
- An increase in the records retrieval fee from $53 to $64 for the first box requested from the Federal Records Center, and a new fee of $39 for each additional box requested.

 

October 1, 2013
IRS Interest Rates
The IRS announced that the interest rate for the fourth quarter 2013 remain at 3% for interest on secured claims in Chapter 13 plans.

 

June 13, 2013
Payroll Orders Email Address Added

The trustee office has set up a separate e-mail address for payroll orders, Payrollorders@ch13oshkosh.com. You can use this to implement the orders at the outset of the case.  If you attach a consent to payroll order, we can implement even before completed schedules.

 

Modified Plans
Judge Kelley will require all modified plans noticed by debtor(s)’ attorney and be accompanied by certificate of service on all creditors and 25 days to run before she will sign orders confirming plan.

 

October 22, 2012
Electronic Payments from debtors

This office will now accept electronic payments from debtors for a nominal charge of $2.00. For terms and conditions and to get set up visit www.ch13oshkosh.com/epay

 

October 19, 2012
Trustee Fees on Debtor Refunds

Pursuant to U.S. Trustee policy changes implementing the decision of In re Antonacci, cases dismissed pre-confirmation will have a deduction of trustee fees from funds received before refund of the balance of receipts effective October 1, 2012.

Notices of Final Cure of Payments

Pursuant to Judge Kelley’s decision we will no longer give notice of final cure payments pursuant to mortgage claimants where the claim has been withdrawn even if payments have been made by the trustee prior to the withdrawal of claim. (In re Thongta 07-21837-SVK).

 

June 21, 2012
To All Approved Agencies And Providers:

As you may know, the Attorney General recently announced that the federal government and 49 states had reached a settlement agreement with the nation’s five largest mortgage servicers to address mortgage servicing, foreclosure, and bankruptcy abuses (the “National Mortgage Settlement”).  On April 4, 2012, the United States District Court for the District of Columbia entered orders approving the settlement.
The National Mortgage Settlement is the largest consumer financial protection settlement in United States history, and settles certain state  and federal investigations relating to mortgage servicing abuses, including abuses in the bankruptcy process.  The settlement will provide as much as $25 billion in relief to distressed borrowers and direct payments to states and the federal government. 
To permit borrowers to determine whether their loans are affected by this settlement, the timeline for relief, and other eligibility questions, this office and the other governmental offices involved in the settlement have posted information on several websites.  As approved credit counseling agencies and debtor education providers, you are in a unique position to make this information available to financially distressed clients.  Accordingly, we request that you post the following links on your website:

 
October 28, 2011
Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930)


The fees included in the Bankruptcy Court Miscellaneous Fee Schedule are to be charged for services provided by the bankruptcy courts.

The United States should not be charged fees under this schedule, with the exception of those specifically prescribed in Items 1, 3 and 5 when the information requested is available through remote electronic access.

Federal agencies or programs that are funded from judiciary appropriations (agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and bankruptcy administrators) should not be charged any fees under this schedule.

(1)

For reproducing any document, $.50 per page. This fee applies to services rendered on behalf of the United States if the document requested is available through electronic access.

(2)

For certification of any document, $11.
For exemplification of any document, $21.

(3)

For reproduction of an audio recording of a court proceeding, $30. This fee applies to services rendered on behalf of the United States if the recording is available electronically.

(4)

For filing an amendment to the debtor's schedules of creditors, lists of creditors, or mailing list, $30, except:

The bankruptcy judge may, for good cause, waive the charge in any case.

This fee must not be charged if -

the amendment is to change the address of a creditor or an attorney for a creditor listed on the schedules; or

the amendment is to add the name and address of an attorney for a creditor listed on the schedules.

(5)

For conducting a search of the bankruptcy court records, $30 per name or item searched. This fee applies to services rendered on behalf of the United States if the information requested is available through electronic access.

(6)

For filing a complaint, $293, except:

If the trustee or debtor-in-possession files the complaint, the fee must be paid only by the estate, to the extent there is an estate.

This fee must not be charged if -

the debtor is the plaintiff; or

a child support creditor or representative files the complaint and submits the form required by § 304(g) of the Bankruptcy Reform Act of 1994.

(7)

For filing any document that is not related to a pending case or proceeding, $46.

(8)

Administrative fee for filing a case under Title 11 or when a motion to divide a joint case under Title 11 is filed, $46.

(9)

For payment to trustees pursuant to 11 U.S.C. § 330(b)(2), a $15 fee applies in the following circumstances:

For filing a petition under Chapter 7.

For filing a motion to reopen a Chapter 7 case.

For filing a motion to divide a joint Chapter 7 case.

For filing a motion to convert a case to a Chapter 7 case.

For filing a notice of conversion to a Chapter 7 case.

(10)

In addition to any fees imposed under Item 9, above, the following fees must be collected:

For filing a motion to convert a Chapter 12 case to a Chapter 7 case or a notice of conversion pursuant to 11 U.S.C. § 1208(a), $45.

For filing a motion to convert a Chapter 13 case to a Chapter 7 case or a notice of conversion pursuant to 11 U.S.C. § 1307(a), $10.

The fee amounts in this item are derived from the fees prescribed in 28 U.S.C. §1930(a).

If the trustee files the motion to convert, the fee is payable only from the estate that exists prior to conversion.

If the filing fee for the chapter to which the case is requested to be converted is less than the fee paid at the commencement of the case, no refund may be provided.

(11)

For filing a motion to reopen, the following fees apply:

For filing a motion to reopen a Chapter 7 case, $245.

For filing a motion to reopen a Chapter 9 case, $1000.

For filing a motion to reopen a Chapter 11 case, $1000.

For filing a motion to reopen a Chapter 12 case, $200.

For filing a motion to reopen a Chapter 13 case, $235.

For filing a motion to reopen a Chapter 15 case, $1000.

The fee amounts in this item are derived from the fees prescribed in 28 U.S.C.§ 1930(a).

The reopening fee must be charged when a case has been closed without a discharge being entered.

The court may waive this fee under appropriate circumstances or may defer payment of the fee from trustees pending discovery of additional assets. If payment is deferred, the fee should be waived if no additional assets are discovered.

The reopening fee must not be charged in the following situations:

to permit a party to file a complaint to obtain a determination under Rule 4007(b); or

when a debtor files a motion to reopen a case based upon an alleged violation of the terms of the discharge under 11 U.S.C. § 524; or

when the reopening is to correct an administrative error.

(12)

For retrieval of a record from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court, $53.

(13)

For a check paid into the court which is returned for lack of funds, $53.

(14)

For filing an appeal or cross appeal from a judgment, order, or decree, $293.

This fee is collected in addition to the statutory fee of $5 that is collected under 28 U.S.C. § 1930 (c) when a notice of appeal is filed.

Parties filing a joint notice of appeal should pay only one fee.

If a trustee or debtor-in-possession is the appellant, the fee must be paid only by the estate, to the extent there is an estate.

Upon notice from the court of appeals that a direct appeal or direct cross-appeal has been authorized, an additional fee of $157 must be collected.

(15)

For filing a case under Chapter 15 of the Bankruptcy Code, $1000.

This fee is derived from and equal to the fee prescribed in 28 U.S.C. § 1930(a)(3) for filing a case commenced under Chapter 11 of Title 11.

(16)

The court may charge and collect fees commensurate with the cost of providing copies of the local rules of court. The court may also distribute copies of the local rules without charge.

(17)

The clerk shall assess a charge for the handling of registry funds deposited with the court, to be assessed from interest earnings and in accordance with the detailed fee schedule issued by the Director of the Administrative Office of the United States Courts.

For management of registry funds invested through the Court Registry Investment System, a fee at a rate of 2.5 basis points shall be assessed from interest earnings.

(18)

For a motion filed by the debtor to divide a joint case filed under 11 U.S.C. § 302, the following fees apply:

For filing a motion to divide a joint Chapter 7 case, $245.

For filing a motion to divide a joint Chapter 11 case, $1000.

For filing a motion to divide a joint Chapter 12 case, $200.

For filing a motion to divide a joint Chapter 13 case, $235.

These fees are derived from and equal to the filing fees prescribed in 28 U.S.C.§ 1930(a).

(19)

For filing the following motions, $176:

To terminate, annul, modify or condition the automatic stay;

To compel abandonment of property of the estate pursuant to Rule 6007(b) of the Federal Rules of Bankruptcy Procedure; or

To withdraw the reference of a case or proceeding under 28 U.S.C. § 157(d).

This fee must not be collected in the following situations:

For a motion for relief from the co-debtor stay;

For a stipulation for court approval of an agreement for relief from a stay; or

For a motion filed by a child support creditor or its representative, if the form required by § 304(g) of the Bankruptcy Reform Act of 1994 is filed.

 

September 26, 2011
Fee Changes

On September 13, 2011, the Judicial Conference of the United States voted to increase certain miscellaneous filing fees, effective November 1, 2011 (approximately six weeks from now). The "administrative fee" portion of the filing fee for each chapter will increase from $39 to $46, which will have the result of increasing the overall filing fee for each chapter by $7.00. Thus, as of November 1, the filing fees for each chapter will be as follows:

Chapter 7--$306
Chapter 11--$1,046
Chapter 12--$246
Chapter 13--$281
Chapter 15--$1,046

In addition, the fee for amending schedules will increase from $26 to $30, the adversary filing fee will increase from $250 to $293, the fee for filing a notice of appeal will increase from $250 to $293, and the fee for filing a motion for relief from stay will increase from $150 to $176.

There are other miscellaneous fee increases for certification, exemplification, audio recording, records searches, record retrieval, and returned checks.

 

November 2, 2010
Presumed reasonable fees

The judges of the Eastern District have decided that as of December 1, 2010, the presumptively reasonable fee for attorneys representing debtors in Chapter 13 cases shall be $3,500, and the presumptively reasonable fee for creditors' attorneys to file initial motions for relief from stay in either Chapter 7 or Chapter 13 cases shall be $800.
 
As you all know, the fact that these fees are "presumptively" reasonable means that if counsel's fees are at or less than the presumptively reasonable amount, counsel does not have to file an itemized fee application unless asked to do so by the Court or another party.

We will put more detailed information about the change in the appendix to the Local Rules, available on the court web site.