Hearings: Confirmation hearings are held every other Thursday*. Please click here to see Confirmation Hearing dates. The trustee’s office reviews cases Monday-Wednesday of each Confirmation week. On Wednesday, the Trustee’s office posts a tentative results calendar on the website. (Click here to see the most recent results calendar.) On Thursday morning, the Trustee’s staff meets with debtor and creditor attorneys at the Foley Federal Building, Room 1500, from 8:30 am – 11:00 am to review any cases scheduled for confirmation on that day and are not ready for confirmation. Thursday afternoon at 1:30, the Duty Judge (what is a duty judge?) will preside over the cases scheduled for Confirmation Hearing in his/her designated courtroom.
If there are no filed oppositions to a proposed plan set for confirmation or all oppositions have been resolved, the Trustee will recommend confirmation of the proposed plan.
*Note: If there is a conflict on the Thursday scheduled for Confirmation Hearings, e.g. holiday, judge schedule, Confirmation Hearings may be held on a different day usually in the same week. All required notices will include the actual date of the Confirmation Hearing.
Oppositions: If you have an opposition to a proposed plan set for confirmation, you must file an Opposition to Confirmation no less than 14 days prior to the hearing date. You must actively participate in the confirmation process. If your opposition has not been resolved prior to the date of the confirmation hearing, you must appear on Thursday morning at the pre-hearing review to discuss the matter with the Trustee and debtor’s counsel. If your opposition is not resolved Thursday morning, you must appear at 1:30 that afternoon to argue your opposition in front of the Duty Judge.
Continuances: Creditor or debtor attorneys may request that the Trustee continue a Confirmation Hearing prior to the date of the hearing. The Trustee will work to resolve all administrative and legal matters in a case in an effort to facilitate efficiency of the confirmation calendar.
The Trustee will approve requests for continuances on a case by case basis. Often a debtor attorney needs more time to prepare his case for confirmation e.g. obtain documents from the debtor as requested by the Trustee. Sometimes a creditor attorney must consult with his/her client in an attempt to resolve a confirmation issue. The Trustee may not agree to continue a hearing if, in her opinion, such continuance will hinder the progress of the confirmation process or it appears that additional time will not resolve the issues in the case. If the Trustee will not continue a hearing upon your request, you may appear at the Confirmation Hearing at 1:30 p.m. to make your request of the Duty Judge.
Further, you would like to present your oppositions to the court or you want to request an evidentiary hearing, you may do so at the Confirmation Hearing at 1:30 p.m. You must, however, advise the trustee prior to the hearing or appear in the morning at the pre-hearing review to discuss your position with the Trustee.
If a Confirmation Hearing on a plan is continued, there will be no additional notice sent to interested parties. You may obtain the continued hearing date by viewing the case docket in PACER.
Order Shortening Time (OST)
LR 9006 requires that you consult with opposing counsel and interested parties prior to prior to setting motions on OST for an expedited hearing. All requests to the Trustee regarding OSTs should be sent to firstname.lastname@example.org. Please attach a copy of the Motion for which you are requesting the OST for hearing or include in your email request the nature of the motion being set for an expedited hearing. After review, the Trustee will reply to your email.
Motion for relief from automatic stay pursuant to LR 4001
LR 4001 requires that you communicate in good faith regarding resolution of the motion not less than 72 hours before filing a motion for relief form stay including communication with the Trustee. Send your communication to:
If the collateral is a car: email@example.com
If the collateral is a mortgage/deed of trust: firstname.lastname@example.org
If the collateral is anything else: email@example.com
Creditor Address Change
To change a creditor address, an amended Proof of Claim must be filed.
If the Creditor has not filed a Proof of Claim, a Request for Special Notice must be filed with the U. S. Bankruptcy Court. This address will be used for noticing only. Payments from a Chapter 13 case will not be sent to an address listed in a Request for Special Notice.
The Trustee will not change any creditor address from a letter or change of address form.
Upon confirmation of a Chapter 13 Plan, the Trustee will input the terms of the plan in her case system. Distributions will be made on the 1st business day of each month. To view distributions made to a creditor claim go to www.ndc.org. To view the Order Confirming Chapter 13 Plan login to PACER and proceed to the Docket Report in the case query.
Conduit Creditor Information
As of October 1, 2013 and pursuant to Administrative Order 2013-04, (click here to view the Order), the District of Nevada requires all post-petition installment payments to creditors whose claims are secured by real property or by a vehicle of the debtor and for which there is a pre-petition arrearage, be made through the Chapter 13 Trustee as conduit payments.
Additionally, if a debtor becomes more than one month delinquent on any post-petition installment payment being made directly by the debtor to such creditor, all on-going post-petition installment payments shall be made through the Chapter 13 Trustee as conduit payments.
Click here to read the CONDUIT PAYMENT GUIDELINES
Obtain case information
The Trustee maintains case records in computerized form. You may obtain data about Chapter 13 cases through the following sources:
National Data Center (NDC) – www.ndc.org -The NDC offers free access to chapter 13 case information for creditors and creditor attorneys. The website is updated daily and provides easy access to your portfolio of client cases. You may track and manage payments and Trustee disbursements on your bankruptcy claims, view ledger information on a case, use the voucher services to get detailed information about your disbursement check. Click here to register, login or obtain more information about services provided to creditors.