Douglas W. Neway
Office of the Chapter 13 Trustee
Middle District of Florida - Jacksonville Division
We review cases 7-10 business days before the confirmation. This is a service the Trustee has determined is appropriate and done when the confirmation hearings are near. We then send an email with what we perceive to be issues remaining to address. We do not review cases upon an attorneys request.
Just as you would do your review, we also literally go through every aspect of the Bankruptcy Code as to confirmation and every claim. We make sure all criteria are met. Any amended plan has to be filed 25 days prior to the hearing. Please take your time and be sure that all of the claims are provided for or any objections are made. We will not review plans before they are filed to determine if they are acceptable. We will not agree to confirm a plan unless all issues are resolved.
A term we use here in the Jacksonville Division is “housekeeping plans”. If changes can be made prior to the confirmation hearing which do not negatively impact a creditor then you may send us a draft of the plan, with all appropriate sections, numbers, corrections marked clearly and concisely and we will review that to confirm a case. we also appreciate a spreadsheet to verify the information. This plan does not need to be filed with the Court unless it negatively impacts a creditor. If you are making changes to a claim that has an interest calculation associated with it (and/or changes when a creditor is objecting) then you have to get the creditors ok as well. Otherwise, file and serve the plan (with 25 days’ notice) and we can work it with the next confirmation.
All of the work for a Tuesday confirmations must be completed so that the Case Administrators have a full day before the hearing to review items On a regular week where we have the confirmation on Tuesday, then everything has to be to the Trustee’s office and all items filed with the court no later than “Sundown Sunday”. Our staff has to have everything in office and available to review when they walk in the door Monday morning.
As we follow all federal holidays, on those weeks in which there is a Monday off, everything has to be to the Trustee’s office and all items filed with the court no later than Thursday evening. Our staff has to have everything in office and available to review when they walk in the door Friday morning (since they won’t be in on Monday).
OFFICE OF THE CHAPTER 13 TRUSTEE
DOUGLAS W. NEWAY
POST OFFICE BOX 4308
JACKSONVILLE, FLORIDA 32201
POST OFFICE BOX 2079
MEMPHIS, TN 38101-2079