Effective June 14, 2018, the new Prime Rate is 5.0%, which means the presumptive rate per Administrative Order 17-02 is now 7.0%. For cases that are confirmed on or after June 14, 2018 and reference Administrative Order 17-02 for personal property secured claims, the rate to use is increased from 6.75% to 7.0%.
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.
Chapter 13 Plans effective April 15, 2013 through November 30, 2017 Paragraph (D) of the Chapter 13 plan for cases filed from April 15, 2013 through November 30, 2017, provides that the interest rate shall be: the U.S. prime rate shown in the Wall Street Journal for Money Rates as of the date of the entry of the confirmation order, plus a risk factor of 2%. Chapter 13 Plans effective December 1, 2017 Pursuant to Administrative Order No. 17-2 (Order Adopting a Common Formula for a Presumptive Interest Rate in Chapter 13 Cases for claims secured by a security interest in Debtors Personal Property), the applicable prime rate shall be the U.S. prime rate shown in the Wall Street Journal for Money Rates at the time of confirmation.
Chapter 13 Trustee, Craig Shopneck will be retiring on September 30, 2017. The United States Trustee has named Lauren Helbling as Successor Trustee. Formal notice of this change will be mailed to debtors, creditors and attorneys prior to September 30th.
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.
Debtors filing Chapter 13 bankruptcy may be required to provide their 2016 federal income tax return to the Chapter 13 Trustees office and turnover all or a portion of their federal income tax refund. Debtors may want to review the terms of the Confirmation Order signed by the Bankruptcy Judge and/or contact their attorney to discuss the requirements.
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.
The Bankruptcy Judges for the Northern District of Ohio, Eastern Division (Cleveland) entered the Third Amended Administrative Order No. 09-02, which changes the administration of conduit mortgages in Chapter 13 cases. The new Order eliminates the need for debtors to submit an Authorization to Release Information to the Trustee. Creditors will no longer need to submit the Addendum to Chapter 13 Proof of Claim and the 12-month summary of activity on the loan. A copy of the Third Amended Administrative Order No. 09-02 is available in the Library section of this website. Click onConduit Mortgage Payments. Additionally, a link to the Bankruptcy Courts website can be found under the Links section.
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.
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.
Debtors may make their plan payments electronically. This online payment method known as ePay is available through this website and replaces the need for personal checks, money orders or cashiers checks. Payments are directed by the debtor from his/her bank checking or savings account to the Chapter 13 Trustee in the amount and frequency determined by the debtor. If you are interested in taking advantage of this payment option, please click on the ePay button located on the homepage of this website.
Creditors may receive their monthly disbursements via an electronic funds transfer (EFT) instead of a check through the mail. Chapter 13 attorneys may also take advantage of EFT for receiving their allowed attorney fees. To sign up for electronic disbursements, click on the Electronic Funds Transfer button located on the home page of this website.