All posts in U.S. Trustee

US Trustee Brownbag Program on 341(a) – the Dreaded Meeting of Creditors – October 29, 2015

The U.S. Trustee is hosting a unique Brownbag program on Thursday, October 29, 2015 from noon to 1:30 p.m.  We will be discussing issues and concerns related to all matters 341(a)—particularly the rules and rationale behind the smooth and effective conduct of this essential piece of the bankruptcy process.
Proposed topics include:
•             Duration, continuances and calendaring issues in the conduct of 341(a) meetings;
•             Process and protocols in priority requests, juggling multiple examinations;
•             The Role and Expectations of 341(a) Counsel including the consequences of failing to appear, filing incomplete schedules and lack of sufficient preparedness;
•             Rules of Conduct and Expected Behavior in 341(a) Meetings including UST monitoring/in-room security, food and beverages, moving furniture, noise issues, unattended briefcases and interpreter issues; and
•             Responding to UST inquiries.
We seek to both broaden and refine our list of topics in advance of our presentation so now is the time to let your voices be heard. Read more…

Thursday, October 29, 2015 – U.S. Trustee Brownbag – 341(a)’s

The U.S. Trustee is hosting a unique Brownbag program on Thursday, October 29, 2015 from noon to 1:30 p.m. We will be discussing issues and concerns related to all matters 341(a)—particularly the rules and rationale behind the smooth and effective conduct of this essential piece of the bankruptcy process.

Proposed topics include:  Read more…

Serving Pleadings on the United States Trustee

I was reminded yesterday that Local Bankruptcy Rule 2002-2(a)(3)(A) requires that any document exceeding 50 pages must be served non-electronically on the UST.   I was “reminded” of course by the UST.   The local rules can be accessed here.

U.S. Trustee Proposes Rulemaking on Ch. 11 MOR’s, Deadline for Public Comments Jan. 9, 2015

U.S. Trustee Program is authorized under §602 of the BAPCPA to issue rules that require DIP’s in non-small business cases under chapter 11 to file uniform period reports.  Now, the USTP is seeking public comment on the proposed rule that was published in the Federal Register (see link below). The proposed rule only applies to non-small businesses.  As you might know, small business debtors are currently required to use Form 25C for their MOR’s. Deadline for public comments Jan. 9th 2015

Link to PDF of Proposed Rule: www.justice.gov/ust/eo/rules_regulations/docs/MOR_NPRM.PDF

Link to USTP’s site at www.justice.gov/ust/eo/rules_regulations/index.htm#proposed.

Nov. 1st: New Median Family Income for Means Test

The U.S. Trustee Program has updated the Census Bureau’s Median Family Income Data and will apply the updated data to cases filed on or after Nov. 1st.

For the latest data required for completing Form 22A and Form 22C, please see here:  http://www.justice.gov/ust/eo/bapcpa/meanstesting.htm

June 25, 2014 – Bankruptcy Program; San Fernando Valley Bar Association; the Metrocraft Program

One of the crucial points in a successful chapter 11 case, whether the debtor is a large business or a homeowner in chapter 11, is getting the court to approve the disclosure statement. The Central District has a form disclosure statement for practitioners to use so the process would seem to be simple. However, when one peruses the bankruptcy court tentative rulings, the judges constantly point out multiple deficiencies in the disclosure statements they are considering. The result? Attorneys have to incur the expense of re-doing deficient disclosure statements, losing time and having an unhappy client.

When judges review disclosure statements, they usually work from a list of factors culled together by a Georgia bankruptcy court some 30 years ago, In re Metrocraft. These factors help our judges determine if your client’s disclosure statement contains adequate information. The Bankruptcy Section has brought together Ron Bender, one of Southern California’s top attorneys in chapter 11 practice and Russell Clementson, one of the U.S. Trustee’s most experienced chapter 11 attorneys to talk about the Metrocraft factors, how the judges locally apply them and how the U.S. Trustee applies them. Any presentation including Ron Bender and Russell Clementson will have a lot of useful tips and guidance.

You should attend this program. The tips and guidance you will receive will improve your work product and will make your clients happier. The price is inexpensive, lunch is included and parking is free. No other bar association gives you so much for such little cost.

By the way, if you do not practice in chapter 11, perhaps you practice in chapter 7 or 13, the program is important for you. Learn what individual debtors in oversized chapter 11 cases (cases to big for chapter 13) go through so that you can better advise them.

If you are a creditor’s attorney, learn what the other side has to do and what you can do to protect your client’s rights.

Here are the particulars:
Date: Wednesday, June 25, 2014
Time: 12 noon to 1:15 p.m
Where: 5567 Reseda Boulevard, Suite 200, Tarzana, CA 91356

Cost:
Member $30.00
Non-Members $40.00
Member at Door $40.00
Non-Member at Door $50.00

Reservations: Contact Linda Temkin at the San Fernando Valley Bar Association
events@sfvba.org; Tel: 818-227-0490; Fax: 818-227-0499

US Trustee Publishes New List of Approved Banks

Chapter 11 debtors are required to close their bank accounts and open new ones once the case is filed.  The new accounts must be only with banks “approved” by the UST.  Attached is the most current list of approved banks, as of May 15, 2014.  Having this “list” actually makes sense because the banks, in order to get on the list, must put up some sort of additional collateral or securities so that there is no risk to the estate if the bank fails.  Unfortunately many banks appear to limit the debtors they will allow to open new accounts to those who will be class A customers, something most debtors are not, at least prior to the filing.  The list can be accessed here.

Saturday May 31, 2014 – CDCBAA – CHAPTER 13: MEET THE TRUSTEE’S ATTORNEYS

CDCBAA
Central District Consumer Bankruptcy Attorney Association

CHAPTER 13: MEET THE TRUSTEE’S ATTORNEYS

Saturday May 31, 2014

Presented by:
Central District Consumer Bankruptcy Attorney Association

SPEAKERS:
Aki Koyama
Staff Attorney to Kathy Dockery

Elizabeth Schneider
Staff Attorney to Rod Danielson

Tracy Green
Staff Attorney to Amrane Cohen

Melissa Besecker
Staff Attorney to Liz Rojas

Omid Moezzi
Staff Attorney to Nancy Curry

Masako Okuda
Staff Attorney to Nancy Curry

Moderated by Nancy Clark

Read more…

Thursday, May 1, 2014 – LATrustee.com Live Demo/ Learn the New Features

LATrustee.com

Live Demo/ Learn the New Features

Thursday, May 1, 2014

2 Sessions
Due to Limited Space Choose 2:00 pm or 3:00pm

Presented by
Kathy A. Dockery, Chapter 13 Trustee

Location for Presentation
915 Wilshire Boulevard
10th Floor, Room 3
Downtown Los Angeles

RSVP at: gmangum@latrustee.com

*When you RSVP, indicate whether you will attend at 2:00 pm or 3:00 pm

Public Report: Debtor Audits by the United States Trustee Program Fiscal Year 2013

On April 4, 2014, the US Trustee issued its annual report on Debtor Audits.  You can access the report here.  The UST reports that during the fiscal year, 390 audits were conducted, down from 1,351 the year before.  25% of the audits found that there was a least one material misrepresentation in the debtor’s schedules, the same percentage as the year before.  In the Central District of California there were a grand total of 34 audits and 32% of those had at least one material misrepresentation.   Of the 390 audits, only 187 were chosen at random; the remaining were “exception audits,” meaning they are chosen “based on income or expenditures greater than a statistical norm for the district where the case was filed.”