Q: If the automatic Complete (Edit) - Trust No One - A State Of Affairs (File) in a chapter 13 case is deemed not to be in effect because of prior filings, should the chapter 13 trustee pursue the debtor's chapter 7 attorney for a cause of action? Q: Will a chapter 13 trustee be discharged from a case that is automatically dismissed if a debtor Complete (Edit) - Trust No One - A State Of Affairs (File) to produce all requested documents within 45 days.
Q: What are the applicable dates to use relating to the 11 U, Complete (Edit) - Trust No One - A State Of Affairs (File). Q: What action should a trustee take in a case where the credit counseling certificate is not issued by an approved provider for that district? Q: Will the clerk of court enter a discharge in a chapter 13 case if a debtor education certificate is not filed?
Q: Can a debtor educator file a certificate with the court on behalf of a debtor? Q: Often attorneys or law firms receive credit with state licensing authorities, or general recognition within the community, for their contribution of pro bono services.
Q: Does the attorney certification in 11 U. Q: What direction can the United States Trustee give attorneys regarding what constitutes "reasonable inquiry under the circumstances" for purposes of attorney liability?
Q: 11 U. Q: If a trustee discovers that a debtor has not complied with the law to file tax returns, what is the trustee required Complete (Edit) - Trust No One - A State Of Affairs (File) do? If so, should a motion be filed to extend the time for objecting to discharge? Q: Given that 11 U. Q: How are cases automatically dismissed by the clerk's office pursuant to 11 U.
Q: Is a year-to-date payment advice that covers a six-month period sufficient? Please clarify. Q: What is the chapter 13 administrative percentage for purposes of the means test? However, in Puerto Rico and the Virgin Islands, individuals are not required to file Federal income tax returns. Q: Does a trustee need to file a DSO notice or a certification of notice with the court? Q: What information is required to be included in the first DSO notice?
Q: What information is required to be included in the second DSO notice? Q: Is a trustee required to send the second DSO notice after the discharge even when a non-dischargeability action is pending against the debtor? Q: To satisfy the requirements in 11 U. Q: If a debtor fails to complete an approved course in personal financial management and the case is closed, does a trustee need to be reappointed to give the DSO notice upon entry of the discharge? Q: Is the chapter 13 trustee responsible for filing a motion to dismiss on issues related to domestic support obligations?
Q: Where can the addresses of State child support enforcement agencies be found? Q: Can the DSO notice simply refer the recipient to a Web site where address and contact information for the State support contacts can be found? Q: Some tribal nations have set up child support collection agencies. Should the required DSO notices be mailed to them? Q: Are billing records included in the term "patient records"?
Q: What is the obligation of a trustee when a health care facility files chapter 7 and it is a no-asset case? Q: When using documents in an evidentiary hearing that contain Social Security and account numbers, what privacy protections are required? Are profit sharing plans exempt when the amount is paid directly by the employee and not withheld from wages? Q: Who will be appointed as an ombudsman and how is the person paid? Q: When is a privacy ombudsman needed in an 11 U. Complete (Edit) - Trust No One - A State Of Affairs (File) Is a panel trustee prohibited from appointment as an ombudsman?
Q: Is a trustee entitled to full statutory trustee fees in all circumstances? Q: Regarding data entry by trustees, will there be any exception for data not currently available in a trustee's system? Q: Can additional information required by the court continue to be included in the final report document — either at the front or back? Examples include the certificate of service, a narrative, or time sheets.
Q: Can the trustee's request for compensation and expenses and professional fee applications be included in the final report document? Is it still required and, if so, is it part of the final report PDF? Q: If a claim is listed by the debtor on Schedule D as a secured claim, but the creditor files a priority claim, how is this reflected in Exhibits 3 and 6?
Q: If a proof of claim asserts all classes, is it listed as three separate claims on Exhibits 3, 6, and 7? Q: For wage claim cases, the proposed distribution currently provides a detailed breakdown of gross pay, payroll deductions, employer payroll taxes, and net pay. Since this information will no longer be shown on the proposed distribution, how will the U. Trustee review the employee and employer payroll taxes? Are trustees now required to make these payments prior to submitting the TFR?
Q: Should the bar date for governmental units or the original bar date for other creditors appear in paragraph 6 of the TFR? How can the TDR be filed?
A: Yes. A: The trustee may request copies of the returns or transcripts and have the debtor testify under oath that the tax returns were filed with the appropriate taxing authority.
A: A trustee should object to a cram down if the case law requires such objections. The United States Trustee will not require the trustee to object to an attempted cram down unless, on its face, it violates the requirements of confirmation.
Unlike a chapter 7 trustee, the duties of a chapter 13 trustee do not include the requirement to collect and reduce to money the property of the estate for which such trustee serves. Moreover, property of the estate is vested in the debtor unless the confirmed plan provides otherwise.
Accordingly, the chapter 13 trustee may not have standing to pursue an action against the prior attorney. Three lines of case law exist on the issue of whether a chapter 13 trustee has standing to sue. They are: 1 only the debtor has standing to sue, 2 the chapter 13 has concurrent jurisdiction with the debtor, and 3 the chapter 13 trustee has exclusive standing to sue.
A: Unless requested, there may not be an order of dismissal issued in such a case, and it is the dismissal order that usually provides for the discharge of the trustee. Therefore, the trustee may want to request an order as provided by 11 U. A: The chapter 7 trustee or the chapter 13 trustee must refer the matter to the United States Trustee who may file a motion to dismiss based on 11 U. A: The trustee should conduct and conclude the meeting, and refer the matter to the United States Trustee.
A: A credit counseling certificate must be issued by a provider that is approved for the district where the bankruptcy case is filed. The certificate is portable only if the provider is also approved in the district where the debtor files. A: 11 U.
A: No, the debtor must file the information using the appropriate Official Form. See, e. A client that is represented pro bono does not have any control over the credit given by the state licensing authorities and such credit is not part of the agreement between the attorney and the client. Similarly, the client has no control over whether the pro bono representation will result in recognition or good will within the community.
A: The attorney certification included in 11 U. An attorney should look to those rules and the case law interpreting them for guidance. If, however, the return has not yet been filed, then the debtor will need to provide the return or the return of the next earlier year that was filed.
A: Chapter 13 : If a chapter 13 debtor fails to file tax returns required under 11 U. The chapter 13 trustee should monitor the filing of tax returns. Chapter 7 : Except for the most recently filed tax return which must be provided to the trustee under 11 U. Nor is the trustee required to report the non-filing of post-petition tax returns to the United States Trustee.
A: A trustee is expected to require a debtor to provide tax returns as mandated by 11 U. A: Whether a trustee continues the meeting of creditors or moves for dismissal for failure to provide the tax return as required by 11 U. Pursuant to Fed. If the trustee or United States Trustee believes that such a complaint is warranted, then a motion to extend the time to object to discharge should be filed.
A: To prevent automatic case dismissal when assets are available and it is in the best interest of creditors to go forward with a bankruptcy case, the trustee may move under 11 U. A: No. The grounds for automatic dismissal set forth in 11 U. A: Procedures for dismissal are determined locally. In many districts, dismissals will require no order, but in other districts an order will be entered. Some courts have indicated that a hearing will be noticed in each case.
Regardless of the procedure employed in a district, the trustee should be aware of the action necessary to protect asset cases from being automatically dismissed. Microsoft always manage to take something away, when it looks like they's giving you something. I regret taking out the subscription. The original file metadata is key for me in what I do. This is back to the days of juggling data on two machines before there were any cloud services. This is a particularly annoying bug.
Does anyone know the solution? This is an utterly useless state of affairs for all sorts of reasons. Any comment appreciated.
I recommend this discussion Up vote 2. Hi Doug, Thanks for your reply. No I'm not talking about data fields within the document. Sorry for the rant, I appreciate your thoughtfulness. Up vote 1. In reply to Tiresius's post on April 8, Up vote 0. No not really, it doesn't make any sense at all.
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