THE MODEL PLAN: ITS IMPACT - Chapter 13 Trustee Home Page
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1. As we learned in our seminar the model plan has dramatically altered the trustee s administration of cases One of the largest changes in the plan is that now the terms of the confirmed model plan dictate which claims and what amounts the trustee must pay With prior plans the creditor proof of claim did this solely However under the model plan format secured creditors are actually no longer required to file claims As the trustee we now cre ate claims for scheduled secured creditors who are pro vided for in the plan and disburse to those corresponding addresses listed on schedule D regardless of whether a proof of claim is on file This one change makes it critical that both the debtor and his attorney provide our office with accurate information Although they have always had the responsibility of listing all creditors their addresses account numbers and the proper claim amounts the consequences of making errors are greater with the model plan Creditors that are not specifically provided for in the model plan will not and do not get paid Furthermore correct addresses and account numbers enable the trustee to efficiently disburse and limit the creditor delay in posting pay ments due to insufficient identification Account numbers also help the trustee properly track changes For example without proper noticing when other com panies buy out debts or switch servicers the presence of an account number2. user s manual Look for more details in the weeks to come Hats off to Dave and Cliff Sandra Pillar February 2002 Volume I Number 2 Congratulations Are In Order Congratulations are in order to Cheryl Jones whose employ ment status has changed from part time to full time effective Monday February 11th 2002 Cheryl began part time employment in November 2000 as a case administrator She was hired to assist the confir mation staff during a period when three paralegals were out on leave Her responsibilities include the processing of amendments generation of financial summaries and motions to dismiss and preparation of payroll letters on closed completed and converted cases Cheryl also processes original documents and aids our attorneys with creditor disbursement return correspondence She is also the featured article liaison for the newsletter committee Cheryl is not a newcomer to the Office of the Chapter 13 Trustee She was formerly hired in August of 1987 as a full time receptionist During those years her career pro gressed from receptionist to receipts entry to financial adminis trator and then on to bankruptcy case administrator She terminated her employment in February of 1998 to fully commit time to raising her daughter Amber who is now three She also has a twelve year old son Quint She is married to Henry a supervisor at Northwestern University and member of a popular 16 piece ba
3. LaSalle Bank Policy Change pg 5 Converted Cases pg 5 The Oldest Bankruptcy Filer pg 5 The Identities Challenge pg 5 Employee Recognition Committee pg 6 African American History Quiz pg 8 What is the Lockbox We frequently tell debtors Please send your payment to the lockbox It will make more sense to them if we explain what a lockbox is because the average person has probably never heard the term before The lockbox is very much like a post office that s located at our bank As a matter of fact the zip code 60674 is exclusive to LaSalle Bank Any piece of mail with the zip code 60674 goes directly to the LaSalle Bank lockbox The matching department number and four digits on the end of the zip code tells the bank which of their clients should get the envelope Because the lockbox functions like a post office box it s very important that payments not be sent by courier mes senger or walked into the bank When an envelope is mailed to the lockbox it is processed immediately However when an envelope is sent to the lockbox using a method that requires a signature the envelope must be handled differently and the processing of the payment is delayed It is especially important that debtors not attempt to make their payments at LaSalle Bank at 135 S LaSalle The tellers at LaSalle Bank have been instructed not to accept walk in payments for deposit to our account If for some reason the teller does ta
4. gt MARSHALL wee CHRONICLES THE MODEL PLAN ITS IMPACT On August 1st 2001 a collaboration of bankruptcy judges entered a standing order requiring the model plan to be used for all Chapter 13 cases filed in the Northern District of Illinois More importantly since that time the court has only confirmed cases with the model plan and has denied confirmation on any other plans As the Chapter 13 liaison Judge Wedoff was instrumental in developing a format for the model plan that would pro vide clear information to ease administration as well as allow flexibility in plan design Since August there have been a number of updated plans to cor rect perceived technical housekeeping issues The latest version was implement ed February 1st 2002 This new version allows the trustee to pay the lesser of the amount specified in the plan ora lower actual amount if consented to by the creditor Judge Wedoff contin ues to gather comments and con cerns from the bankruptcy communi ty through his presentations on the model plan so that everyone s con cerns can be addressed This is very important as its impact can be felt by everyone involved in the Chapter 13 bank ruptcy process In order to understand this impact more clearly our entire office participated in a model plan seminar on January 25th 2002 Anthony Olivadoti and Jay Tribou were the presenters discussing the basics of understand ing and interpreting the model plan
5. special contribu C A sf tion to the newsletter My knowledge of the TE and production processes involved in producing an office newsletter Name Joanne Coshonis Office Position Senior Attorney Newsletter Position Human Resources Update Liaison Why did you join the committee To inform our staff as well as affiliate offices about areas of interests and concern that affect us and impact others What will be your special contribution to the newsletter Communications skills Name Karen Barron Office Position Paralegal Newsletter Position Departmental Highlights Liaison Why did you join the committee Because I m ecstatic about the office taking a proactive attitude with employee involvement I want to be a part of something that gives employees a voice What will be your special contribution to the newsletter My flexibility whatever I can do to help just let me know Name Nicole Robertson Office Position Receipts Manager Newsletter Position Marshall Matters Liaison Why did you join the newsletter committee I tend to associate with the same people in the office all the time I thought working on the com mittee would be a great way to get to know more of my co workers What will be your special contribution to the newsletter Apple Pie Name Santricia Teat Sandy Office Position Case Administrator Confirmation Newsletter Position Employee of the Month Liaison Why did you join
6. the cloth to clean it Set aside and allow to air dry Next you will need to clean the rollers located inside the mouse You will probably see some lint and fiber buildup on the rollers themselves Using your fingernail or a thin stiff piece of cardboard gently scrape along the rollers to dislodge this material If the rollers are particularly dirty you can use a cotton swap dipped lightly in rubbing alco hol to clean them To remove any material from inside the mouse use a can of compressed air Do not hold the can upside down Quickly spray the inside of the mouse to dislodge any particles inside Once all the components of your mouse are dry replace the ball and the locking ring Plug the mouse back in and restart your comput er You should notice an immediate improvement in the response of your cur sor on the screen Repeat this cleaning process about once a month or whenever you are having problems with smooth move ment of the cursor March Birthdays Service Anniversaries and Other Notable Dates All Staff Meeting on March 1st Happy Birthday to Karen Barron on March 8th Happy Birthday to Nicole Robertson on March 9th Happy Oth Anniversary to Darlene Odom on March 1 1th St Patrick s Day on March 1 7th Spring begins on March 20th Happy 4th Anniversary to Kim Eisenberg on March 23th Happy 4th Anniversary to Santricia Teat on March 25th Happy Birthday to Sandra Pillar on March 27th 1st Day of Passover on Ma
7. How it Evolved and Why We Continue to Celebrate It With the efforts of the historian and educator Dr Carter G Woodson the first celebration of black history began in the early 1900s Woodson promoted the study of black histo ry first through the Association for the Study of Negro Life and History which he founded in 1915 and later through the Journal of Negro History which he began in 1916 Negro History Week was celebrated for the first time in 1926 during the second week in February Black history had been largely left out of the history books and this week encouraged Americans to learn about a rich history they could not read in the mainstream books February was chosen because Frederick Douglas and Abraham Lincoln two important figures that greatly impacted African Amer ican history celebrate their birthdays during this month Not until 1976 did Negro History Week became African American History Month With this transition Americans began to honor and learn about the achievements and rich history of African Americans during the entire month And though many years have passed the original need and purpose of this celebration has not subsided African American History Month is a time for reflection We all must know our past the good and the bad so that its life lessons can be revealed Don t let Black History Month pass without taking away something new Amanu Nwaomah February 2002 Volume I Number 2 A LaS
8. alle Bank Policy Change Debtor Refunds As a courtesy LaSalle WV _ Bank will cash debtor refunds even if the debtor does not have an account with them Effective immediately they are changing their policy on refunds over 3 000 00 Our bank representative must approve these If you receive any calls from debtors trying to cash refunds of over 3 000 00 at LaSalle please refer the caller to Patti Brower In Patti s absence refer the caller to Rita Saunders a f an And unrelated but of note January Creditor Disburse ments totaled 2 519 270 03 and the Closing Team audited 99 cases in January Rita Saunders Converted Cases A converted case is a case that was originally filed as one form of bankruptcy but converts to another Our office specifically deals with Chapter 13 cases that convert to a Chapter 7 or vice versa Every month we receive from the Bankruptcy Court an average of 60 cases that convert from a Chapter 13 case to a Chapter 7 case The information that the court pro vides includes the case number the debtor s name the Chapter 7 Trustee and the 341 meeting date and time Our office then sends a copy of the petition and any amended schedules to the Chapter 7 Trustee This infor mation is sent at least two weeks before the 341 meet ing date This time frame provides the Chapter 7 attorney the opportunity to review the case before the 341 meet ing is held After having po
9. ardner who has used Electronic Case Filing in San Diego prior to his arrival in Chicago As always my biggest concern is the ECF hard ware and software requirements I will establish a task force to start assessing our abilities and capabilities to par ticipate in Electronic Case Filing 341 MEETINGS In reading my appointment from the U S Trustee Ira Bodenstein it specifically stated You are designated to be the presiding officer at the 341 a meeting and have the authority to examine debtors under oath This is one of the most important responsibilities have as Trustee Therefore all of those whom I have designated to serve in my stead must also realize the importance of the 341 meetings and make every effort to follow the provisions of the Standing Trustee Handbook and General Requirements of Chapter 5 and Appendix C which were updated effec tive December 17th 2001 The Trustee attorneys and hearing officers must recommit ourselves to serving the bankruptcy community and providing the debtor debtor s attorney and creditor s attorney the service to which all are entitled once they enter our doors ORGANIZATIONAL DIAGNOSTICS As each of you are aware Kerry and Paul Carson of Organizational Diagnostics will return to our office on March 15th 2002 to conduct a workshop with the staff Additionally training will be offered to those of you who conduct performance appraisals am committed to pro moting fai
10. eases the research necessary on the trustee s part to continue on in disbursement In addition debtors attorneys must fill in the appropriate boxes throughout the plan If boxes are not checked they are inapplicable and will hinder the debtors true desires Attorneys need to carefully review plans before filing them Many of the errors we find are obvious and are most likely due to oversight For example although any debt listed on schedule D must be provided for in the plan See Model Plan Its Impact page 2 February 2002 Volume I Number 2 Model Plan Its Impact continued from page 1 debtor attorneys frequently fail to use schedule G for items they wish to pay directly or surrender Such errors need and should be avoided at all costs Most of the errors made require amendments and will delay confirmation of the plan The role of the creditor has also been transformed with the model plan If the court confirms a properly noticed plan that plan binds the creditor This means the amount listed by the debtor as owed to the creditor is the amount that the creditor will get paid As a result creditors have start ed filing many more objections before the court confirms a plan This way the discrepancy between what the debtor listed and the creditor proof of claim is resolved The higher volume of objections has led to a longer average to the time needed to get a case confirmed This time increase has impacted the c
11. h a detailed article on its subject You may also view this edition of the Chronicle and previous issues on the Chapter 13 Trustee website at http www chicago13 com Office of the Chapter 13 Trustee Marilyn Q arshall 224 S Michigan Ave x Ste 800 Chicago IL 60604 2500 African American History Quiz 1 What period of time is commonly referred to as the civil rights period A 1883 1901 B 1920s C 1954 1965 D 1960s 2 When was the Montgomery bus boycott and who was the central person A 1962 H Rap Brown B 1922 W E B DuBois C 1870 Hiram R Revels D 1955 Rosa Parks 3 To what city did the Selma march go A Montgomery B Jackson C Birmingham D Atlanta What major legal decision affecting civil rights was handed down in 1954 A Brown vs Board of Education B Civil Rights Act C Voting Rights Act D 24th Amendment Eliminating Polling Tax The Little Rock Nine was a group who A Sat in at lunch counters B Demonstrated for fair housing C Disrupted the Democratic Convention in 1962 D Integrated Central High aso Vp Az D I seMsuy peo
12. ke the payment it can often take days for that payment to reach the lockbox area to be processed We should always ask the debtors to 1 write their name and case number on the payment 2 make the check payable to Office of the Chapter 13 Trustee and 3 pay in the form of a money order or cashier s check Please take an extra moment on a client services call or during the creditors meeting to explain the process to our debtors so that their plan payments may be processed efficiently and correctly Nicole Robertson February 2002 Volume I Number 2 Trustee Matters NACTT MID YEAR MEETING The winter meeting in Wash ington D C was everything everyone said it would be All work no play substantive issues and an agenda which addressed Information Tech nology Electronic Case Filing and Debtor Identification at the 341 a Meetings Information Technology IT systems are a critical part of the operation of the standing trustee s office Yes our soft ware CaseNET is different from everyone else s in the world but we will stay on the cutting edge of technology and have security controls in place I will ensure that ade quate controls are established to protect the information technology assets in the office ELECTRONIC CASE FILING Is COMING TO A Court NEAR YOU was the heading of the handout Our court is scheduled for March 2003 This will give me ample time to meet with the new Clerk of Court Ken G
13. nd Gentlemen of Leisure When Amber became two Cheryl felt the need for her to interact with children her own age and made preparations to put her in a structured day care program This allowed Cheryl time to prepare herself to return to the work force Because she has always maintained contact with members of our staff Cheryl was able to offer her services when she heard of our staff shortage She was a welcomed addition Cheryl is looking forward to her future here at the Office of the Chapter 13 Trustee and we are happy to have her back on board full time Robin Dirksen Would You Like to Move Up the Career Ladder We re happy to announce two position vacancies in our trusteeship Case Administrator I Confirmation and Case Administrator Claims Details about the openings are posted in the Caf Pro Se and also on the bulletin boards outside the library and the training room Qualified candidates must submit a current resume and cover letter to the human resources administrator before the end of the posting period Details regarding the selection and interview process will be provided at a later date Walk amp Roll The 30th Anniversary American Cancer Society Walk amp Roll will be Sunday May 19th 2002 Mark your calendar and join the Chapter 13 Trustee Team We re looking for a team coordina tor Anyone interested in the posi tion should contact Rita Saunders African American History Month
14. ourt calendars because more cases are being held up pending resolutions to creditor objections In fact it is now unusual for cases with mort gages or cars to get confirmed on their first time up for confirmation Hopefully as the creditors continue to work with the model plan they will be able to provide debtors with better estimates on debt amounts before the case is filed This will help streamline the confirmation process Ultimately with a properly prepared model plan the administration is easier The key questions to administer ing a plan are simply who do we pay who don t we pay and if we do pay how much The model plan answers that With the model plan creditors the trustees and the courts are better able to understand the debtors inten tions Kimberly Eisenberg and Anthony Olivadoti The Marshall Chronicles The Editorial Staff Amanu Nwaomah Cheryl Jones Shanika Thomas Santricia Teat Karen Barron Nicole Robertson Joanne Coshonis Robin Dirksen and Dave Latz Contents and Contributors The Model Plan Its Impact pg 1 Kimberly Eisenberg amp Anthony Olivadoti What Is The Lockbox pg 2 Nicole Robertson Marilyn O Marshall Sandra Pillar Robin Dirksen Trustee Matters pg 3 Debtor Welcome Letter pg 3 Congratulations Are In Order pg 4 African American History Month pg 4 Amanu Nwaomah Rita Saunders Angela Hope Davis Allison Blum Elva Valdivia Lynch Juliana Jones Amanu Nwaomah A
15. rch 28th Good Friday on March 29th Easter Sunday on March 31st A Few Words From the Employee Recognition Committee Guess what The Employee of the Month has been selected You ll find out who s been selected in the March Issue The Employee Recognition Committee is looking for Chapter 13 MHumanitarians If you have done a Humanitarian Service please let the Chairperson know Criteria for the Time and Attendance Award This award will be presented every six months The crite ria are You cannot have any missed punches on your time record no tardiness no unanticipated absences and no exceptions on the exception report The reward will be 50 one vacation day added to your leave balance and a certificate of accomplishment Good Luck Juliana Jones Congratulations We Have a New Mother It s a girl Agueda Orozco had a 6 Ib 11 oz baby girl on Friday February 15th at 7 pm Her name is Yaltseli Both mother and baby are doing fine Yaltseli came into this world as a bit of a surprise to her family and our office Especially our office given the fact we were in the mist of giving mother Agueda her baby shower when she went into labor But we made a little delivery of our own On Saturday Elva delivered the gifts and cake to Agueda s home where her sister was there to receive them Agueda is very thankful for the gifts In par ticular a gift of diapers from Angela were a favorite and quite handy Since Yal
16. rness and equity in our compensation think the study was performed at the most appropriate time salute the staff for supporting the study The staffs desire to understand the study and the total concept of promot ing equity in the workplace will assist in our successful use of the results of the study I will meet with each of you individually prior to March 15th 2002 to discuss your current wage class Marilyn O Marshall Debtor Welcome Letter Ms Marshall is introducing a new letter that will support her goal of increasing communication in the bankruptcy communi ty It is called the Debtor Welcome Letter The letter is set for its inaugural mailing March 1st Every debtor filing a new case with our office will receive this welcome letter It will inform ment information them of their 341 meeting date and time directions to our office their attorney s name phone number and their pay Rosalind s team will be responsible for mailing the letter You will see a new field displayed in CaseNET on the plan tab stating the date the letter was mailed Working on the Debtor Welcome Letter has been a great example of teamwork Eileen collected examples for Ms Marshall who drafted the letter Robin info mapped the information on Microsoft Word Cliff programmed the job in CaseNET and Dave took the data from Cliff s job to create a Microsoft Word mail merge document I will be documenting the process as part of our CaseNET
17. sted the documents to the Chapter 7 Trustee a docket entry is made in CaseNET recording the sending of the information If anyone receives a call about a converted case or if you need additional information please ask Estela or Angela Angela Hope Davis 13687 A New Office Record For The Oldest Bankruptcy Filer awn On January 28th 2002 staff member Wazh Allison Blum held a creditors meeting with our oldest bankruptcy filer yet He was born in 1902 and recently cel ebrated his 100th birthday The gentle man amazingly still owns and directs a funeral home According to him his wit and charm are still as sharp as they were when he was in his 70 s As was his strength which he illustrated by leaping across the table to clutch the microphone for his bankruptcy debut interview He is doing well and intends on completing his sixty month payment plan Allison Blum The Identities Challenge FYI Our biggest challenge with Identities creditor s addresses is the ongoing maintenance Please be careful when adding new addi tional addresses or identities to our E database 1 Be thorough in searching for the address you need Here are some tips 2 Do not add an identity solely to match the exact cred itor name For example if the identity you are looking for is Discover Card and you only see Discover Financial check for the address in that identity and use it if found If it is no
18. t found do not add Discover Card as a new identity simply add the address to the existing Discover Financial Elva Valdivia Lynch J ust For The Fun Of It Then along came the first Electrical Pioneer Benjamin Franklin who flew a kite in a lightning storm and received a serious electrical shock This proved that lightning was powered by the same force as carpets but it also dam aged Franklin s brain so severely that he started speaking only in incomprehensible maxims such as A penny saved is a penny earned Eventually he had to be given a job running the post office Dave Barry What is Electricity February 2002 Volume I Number 2 How to Clean Your Mouse If you ve noticed that you are not getting the response you are used to from your computer equipment the prob lem may be as simple as your mouse From time to time it is important to give your mouse a good cleaning It may seem complicated but it is really a simple task Start by turning off your computer and unplug the mouse When you turn the mouse over you will see a locking ring This holds the mouse ball in place You will unlock the ring in the direction of the arrows It may take some gentle pressure to get the ring to begin moving Once the ring is removed you can take out the mouse ball itself Using a soft lint free cloth gently clean the ball If it is par ticularly dirty or sticky you can run it under warm soapy water and then use
19. the newsletter committee Because I would like to see many people in the office recog nized for all the great things they do within the office What will be your special contribution to the newsletter My special contribution is laughter because it s good to the soul just like medicine Name Shanika Thomas Office Position Case Administrator Auditor Newsletter Position Look Who s Talkin Liaison Why did you join the newsletter committee Because I have a keen mind and great ideas What will be your special contribu tion to the newsletter My spur of the moment ideas which happen to be very good We hope you all enjoyed our first two editions and look forward to more We are here to answer any questions and to field your suggestions February 2002 Volume Number 2 Newsletter F Y Is If you would like to contact us or submit ideas or articles for the newsletter you can do so by Y e mailing us at newsletter chi13 com Y dropping your submission or idea in the anonymous newsletter folder located in the mail room or Y leaving them with Amanu Please remember when making a submission to the newsletter it must be Y type written and Y submitted by the 3rd Wednesday of the month via e mail a Word document or an ASCII file and Y submitted to the appropriate committee member see the article inside We also ask that anyone who goes to a seminar please be prepared to furnish the committee wit
20. tseli came a bit early they hadn t bought any diapers yet Even though Agueda wasn t there a good time was had by all February 2002 Volume I Number 1 Your Newsletter Committee Ready to Serve We just wanted to introduce ourselves In the coming year we hope to provide you with informative details about the on goings of the Office of the Chapter 13 Trustee So without any further delay here we go Name Amanu Nwaomah Office Position Paralegal Newsletter Position Editor in Chief Why did you join the committee Well we all know how I have lots of energy So I figured this would be a good outlet Besides I love to talk What will be your special contribu tion to the newsletter My innova tive ideas strong organization skills and my keen eye on issues Name Cheryl Jones Office Position Case Administrator Newsletter Position Featured Article Liaison Why did you join the committee Because I enjoy interviewing people compiling information and produc ing well written articles What will be your special contribu tion to the newsletter My contributions to the newsletter are my ideas proof reading and typing skills Name Dave Latz Office Position Operations Coordinator Newsletter Position Design amp Layout Why did you join the committee I felt I had some expertise to con tribute since I also worked on the newsletter for the Jack McCullough trusteeship What will be your
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