Judge Zurzolo Recent Comments on Chapter 13 Procedures

This is an important note from Nancy Clark, President of the cdcbaa,

Dear Members:

At Judge Zurzolo’s last Chapter 13 Confirmation hearings, he asked me to pass along a message to the debtor bar regarding preparation for the confirmation hearings.  He was disappointed by the fact that debtor attorneys had failed to timely prosecute their cases and were asking for continuances for simple things like providing tax returns to the trustee, providing documents in response to the trustee’s object, or for not filing mortgage declarations.  He stated that if attorneys do not make the effort to prosecute chapter 13 cases in a timely manner he is ready to go to a same day 341(a) Meeting of Creditors Hearing and Confirmation Hearing as is done in Riverside which may result in more dismissals.

His next Chapter 13 Confirmation calendar is on September 28, 2015.  This is a friendly reminder that if you need to file a Motion for Order Disallowing Claim you need 30 days notice.  Therefore file it now. Also, if you need to amend the plan, you should do so soon as you need to have 28 days service if the amended plan contains any material changes.  Make sure your client provides you the information needed to file the mortgage declaration.  Remember, you no longer need to attach the copies of the payments and proof of mailing to the mortgage declaration.  Now is a good time to review the trustee’s objection and make sure you have provided the documents requested and prepared your written response, if necessary.

 All the Best,

Nancy B. Clark
Borowitz & Clark, LLP

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