Douglas W. Neway, Chapter 13 Standing Trustee Middle District of Florida - Jacksonville Division |
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Below are helpful bankruptcy procedures. |
Payment Procedures
Now Accepting TFS Payments
***NOTE: PLEASE DO NOT USE FED EX TO DELIVER ITEMS TO THE POST OFFICE BOX IN MEMPHIS, AS FED EX DOES NOT DELIVER TO POST OFFICE BOXES***
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IMPORTANT NOTICE REGARDING TAX RETURNS AND TAX REFUNDS
All debtors are required to provide a copy of your entire annual tax forms and any tax refund you receive to the Chapter 13 Trustee no later than April 30. This is an annual requirement while you are in bankruptcy. Pursuant to the bankruptcy code, you are required to fund your confirmed Chapter 13 plan with all of your disposable income. Your tax refund is deemed additional disposable income and will be distributed to the unsecured creditors in your case. The tax refund will not be used against your monthly payment that is due; it is in addition to your monthly payment. If you, or your attorney, can demonstrate that all or a portion of the tax refund is not additional disposable income, please do so in writing and attach any documentation to evidence your position. Any requests to keep the tax refund will not be considered unless the tax return is provided and if the refund is received, it also must be turned over while a determination on your request is being considered. If your request is approved, a trustee check will be issued for the refund. In preparing your tax forms, you should not: (1) have your refund “Directly Deposited” to your account or incur any fees associated with receiving your tax refund, or (2) obtain your tax refund through “Refund Anticipation Loan” (RAL) or “Rapid Refund” or (3) apply the refund to the following years tax liability. Refund Loans are considered incurring new debt and are not allowed without express consent from our office or the bankruptcy court. We expect to receive the entire refund as shown on your tax return. The tax forms and tax refund are to be provided on or before April 30th of each year (please notify us (by email, fax or mail as noted below) if you have extended your tax return). Failure to submit Tax Forms and/or Refund may result in your case being Modified or Dismissed. - The Tax Forms must be sent to our offices by immediately forwarding them to your attorney for submission to our office through our secure portal. Please do not send tax forms with your payments, or to the payment address. - The Tax Refunds from the IRS check should be endorsed on back to Douglas W. Neway, Trustee and sent to the payment address at P.O. Box 2079, Memphis, TN 38101-2079. Be sure to write your case number on the refund check to insure proper application to your case.
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Procedures for Communicating with Trustee's Office
Debtor phone calls are received between
the hours of 1:30p-3:30p. The Trustee’s office is unable to
provide legal advice and will only be able to provide
accounting information relative to your case. If you are
represented by an Attorney please contact them for any
information that does not pertain to receipts and
disbursements. Access to this same
information can be obtained by the debtors at no cost at the
National Data Center. To begin, navigate to
www.ndc.org
and locate the box that asks for User Name and Password.
It is the Trustee’s policy that no debtors will be seen in the office without an appointment. If you are represented by an attorney, the Trustee, or his representatives, will only meet with you if your attorney is also present. If you are representing yourself, please contact (904)358-6465 to make an appointment. The Trustee and his representatives will do their best to see you in a timely manner but an appointment will be required at all times, for any matters you wish to discuss. Creditor Communication Creditor inquiries are only accepted via fax or email. Every effort is made to reply to requests within 48 hours. Fax (904) 634-0038 Email creditors@ch13jaxfl.com
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Best Practices for Mortgage Lenders and Servicers (PDF version) | |
The NACTT Mortgage Committee is comprised of Chapter 13
trustees, mortgage servicers, mortgagees and creditors' counsel. The committee's mission is to foster communication
between the parties, resolve differences and to recommend best
practices of conduct for all stakeholders. Our goal is to
improve the bankruptcy system. Although the committee recommends
the practices set forth below, we recognize that there may be
other acceptable procedures, Therefore, we remain open to
further discussion and review.
If
servicers/mortgagees include a flat fee cost in the proof of
claim for review of the Chapter 13 plan prior to confirmation
and for the preparation of the proof of claim, it should be
reasonable and fairly reflect the attorney's fee incurred.
If
Servicers/mortgagees include attorney fees for pursuing relief
from stay, such fees should be clearly identified as well as how
such fees are to be paid in any agreed order resolving a Motion
for Relief from Stay or any other matter before the court.
Servicers/mortgagees should analyze the loan for escrow changes
upon the filing of a bankruptcy case and each year thereafter. A
copy of the escrow analysis should be provided to the debtor and
filed with the Bankruptcy Court by the servicers/mortgagee or
their representative each year.
Servicers/mortgagees should not include any pre petition cost or
fees or pre petition negative escrow in any post petition escrow
analysis. These amounts should be included in the prepetiton
claim amount unless the payment of such fee or cost was actually
made by the servicer.
Servicers/mortgagees should attach a statement to a formal
notice of payment change outlining all post petition contractual
costs and fees not previously approved by the court and due and
owing since the prior escrow analysis or date of filing
whichever is later. This statement need not contain fees, costs,
charges and expenses that are awarded or approved by the
Bankruptcy Court order. In absence of any objection or challenge
to such fees, the trustee should take appropriate steps to cause
such fees to be paid as part of Debtor's Chapter 13 plan.
Servicers/mortgagees should supply and maintain a contact for
debtor's counsel and trustee's for the purpose of restructuring,
modifying a mortgage, or other loss mitigation assistance
including a short sale or deed in lieu of foreclosure. The
contact should be an individual or group with the ability to
implement or assess with objective criteria a loss mitigation
modification after filing of a chapter 13 petition with the goal
of keeping the Debtor in the house and the success of the
bankruptcy.
Mortgage
servicers should provide a dedicated phone line and contact for
Chapter 13 Trustee inquiry use only.2
Mortgage
servicers should monitor post petition payments. If the mortgage
is paid post petition current then the servicers/mortgagees
should not seek to recover late fees. No late fees should be
recovered or demanded for systemic delay but should be limited
to actual debtor default.
Pre petition
payments should be tracked as applied to pre petition arrears,
post petition payments should be tracked as applied to post
petition ongoing mortgage payments.
Servicers/mortgagees should file a notice and reason of any
payment change with the court and provide same to the Debtor
Servicers
are required to file with court a notice of any protective
advances made in reference to a mortgage claim, such as non
escrow insurance premiums or taxes. Such notice should be
provided to the debtors and filed with the court.
Servicers/mortgagees should review the Trustee web site or NDC
for payment discrepancies with their system prior to the filing
of a Motion for Relief from Stay in Trustee pay jurisdictions.
Servicers/mortgagees should review the Trustee web site or NDC
at the close or discharge of the bankruptcy for payment
discrepancies with their system in Trustee pay jurisdictions.
Servicers/mortgagees should clearly identify if the loan is an
escrowed or escrowed loan and break out the monthly payment
consisting of Principal, Interest, Escrow and PMI components.
Servicers/mortgagees should identify nontraditional mortgage
loans in their proof of claims. Loans with options should
identify on the proof of claim the type of loan as well as the
various contractual payment options available during the
bankruptcy to the borrower/Debtor.
Trustees
should initiate a communication with mortgage servicers when
questions arise in a review of a post petition escrow analysis.
United
States Trustees and Trustee Education Network should modify the
requirements of the financial management class regarding
adjustable rate mortgages, the calculation of mortgage escrows
and, in particular, the potential of increased mortgage payments
resulting from increased taxes, interest rate hikes and/or
mortgage premiums.
Trustee
voucher checks, check stubs or vouchers provided with any other
form of payment contain the following information, except to the
extent prevented from doing so by local rule:
1. The Name
of the debtor and case number
2.
The trustee's claim number
3.
The mortgagee's account number (to the extent provided on the
proof of claim)
4.
If the mortgagee account number is not available, e.g. not
contained on the proof of claim, at least one other piece of
identifying information e.g., property address
5.
The amount of the payment
6.
Whether the payment is for the ongoing mortgage payment or the
mortgage arrearage
7.
If for the mortgage arrears, the balance owing on the arrears
claim after application of the payment
8.
If the trustee has set up a separate claim for post-petition
charges of the mortgagee, that the voucher clearly identify that
fact
9.
If any portion of the payment on arrears is intended to pay
interest on the mortgage arrears, the amount of that interest
portion of the payment
10.
If the mortgage is to be paid off during the bankruptcy under
the confirmed plan through payments by the trustee, e.g., a
total debt claim, the portions of each payment which represent
principal and interest, and the balance owing on the claim after
application of the payment There is a movement among servicers
to redact all but the last four numbers of the mortgagors' loan
numbers on proofs of claim, because those claims are public
records. While mortgage servicers in general want as much
information as possible on the vouchers, the mortgage servicers
on the Working Group felt that if the voucher had the bankruptcy
case number, the name of the debtor and the redacted loan number
from their filed claim, they would be able to post the payment.
Using the account number to the extent provided in a filed proof
of claim also insures that trustees are not disclosing
information on their website that is not already disclosed in
the public record.
Voucher Narrative re Payments:
The Working Group places
particular emphasis on No. 6 above. The voucher should identify
if a payment is for the regular mortgage payment or for the
mortgage arrearage in consistent language. While Chapter 13
trustee disbursement applications focus on the
Mortgage Arrearage Claims:
When filing their
initial proofs of claim, mortgage servicers should state their
mortgage arrearage up to the date of the filing date of the
bankruptcy petition, unless the plan or trustee indicates
otherwise, or local rule provides otherwise. The Chapter 13
Trustee will use
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