Welcome


Welcome! This section provides answers to some of the common questions that creditors and creditors' attorneys may have about Chapter 13 in the Middle District of Tennessee.

We hope this information is helpful, but please understand that it is only general information. None of the information on this web site is intended as legal advice.


Access to Case Information


National Data Center (NDC)

The NDC provides a centralized portal to access Chapter 13 case and claim data. Find information about the NDC and its services here.

13Network

Creditors attorneys may request access to the Trustee's records through 13Network by sending this form to curtism@ch13nsh.com.

See here for details about case information available on 13Network.

The 13Network provides access to the Matter Listing, the Trustee's system for managing communication about hearing dockets. The Matters Listing is usually the best way to communicate with the Trustee's office about upcoming matters. To access the Matter Listing, select it from the main menu across the top of the screen.

Find information about using the Matter Listing here. For technical questions about the Matters Listing system, contact Curtis McMahon at curtism@ch13nsh.com or 615-244-1101 x 225

Trustee's Claim Review



Tips for avoiding claim objections from the Trustee:
  • File the proof of claim with the Bankruptcy Court on the Official Form. Find the forms here

  • Sign the proof of claim.

  • File the proof of claim by the applicable deadline in Bankruptcy Rule 3002.

  • Attach any documents or statements required by Bankruptcy Rule 3001(c) and (d), such as copies of the writing(s) on which claim and lien are based and proof of the perfection of any security interest.

  • For a claim secured by a Motor Vehicle, please note the additional requirement under the Bankruptcy Court's Local Rule 3001-1(a), which requires you to provide proof of the date on which application was made for notation of a lien on the certificate of title and proof of the filing of any temporary lien.

  • Make sure all amounts on the proof of claim form and any attachments are consistent. For example, the sum of the secured and unsecured portions stated on Line 9 should match the total claim amount stated on Line 7. Similarly, the amount stated on Line 9 as the amount required to cure any prepetition default should be consistent with the statement in Part 3 of Attachment A (410A) for mortgage proofs of claim.

  • If proof of claim is an amendment of an earlier proof of claim, be sure to indicate the original claim number on Line 4 of the proof of claim the claim number of the amended proof of claim. (Please note that if you amend the asserted claim amount to an amount that is less than the amount the Trustee has disbursed, it indicates and overpayment that the Trustee will seek to recover.)

Responding to Claim Objections

If the Trustee objects to a claim, the Trustee will raise the objection by a motion that attaches a proposed order. If no party responds to the motion to request a hearing, the Court may grant the request and enter the proposed order without a hearing.

If a party has filed an objection to a claim, Bankruptcy Rule 3004 prohibits the creditor from withdrawing the proof of claim except on order of the Bankruptcy Court. If a creditor attempts to withdraw a proof of claim in response to a motion to disallow the claim, the Court generally sets a hearing on the request. If the Trustee filed the objection to the claim, the Trustee generally requests that the Court enter an order expressly disallowing the claim.

Withdrawals of Proofs of Claim

Please note that the Trustee interprets a withdrawal of a proof of claim as a withdrawal of the assertion of the claim against the estate, not just a withdrawl of any request for further payments. If the Trustee has previously disbursed funds on a claim a creditor withdraws, the Trustee would thus seek a refund of those amounts.

Please also note the provision of Bankruptcy Rule 3004 (described above) that limits a creditor's right to withdraw a proof of claim in some circumstances, including while an objection to the claim is pending.

Forms



Official Bankruptcy Forms, including the proof of claim forms are available here.

Local bankruptcy forms are available here.



Disbursement Procedures


Claim Allowance


The Trustee rarely has authority to make disbursements to a party unless a proof of claim has been filed. (Find the Official Bankruptcy Forms, including proof of claim forms,
here.)

The Trustee makes most disbursements of plan funds in accordance with orders confirming Chapter 13 plans (or orders modifying confirmed plans). The standard confirmation order in this district authorizes distributions under the plan only to "allowed" (filed) claims. Except for administrative claims, the claims allowance process generally requires a proof of claim.

Claim Filing Deadlines (Bar Dates)

The Federal Rules of Bankruptcy Procedure establish deadlines for the filing of proofs of claim. Creditors should receive a document providing notice of the case and information about these deadlines.

Order of Plan Distributions

As noted above, most disbursements the Trustee makes are in accordance with orders confirmed Chapter 13 plans (or modifying those plans). In this District, the Chapter 13 plan form and the Court's confirmation order specify an order of distribution. The Trustee disburses available funds each month in the order specified.

For creditors that are supposed to receive fixed monthly payments, the order of distribution is relevant only when a debtor has defaulted on payments or obtained a Court-approved suspension of payments. (In a properly funded plan, the Trustee should have funds to pay all fixed monthly payments.)

For other creditors, the order of distribution is likely to have more effect on the timing of payments. The Trustee will generally satisfy claims higher in the order of distribution before paying anything to claims lower in the order.

Distributions to Unsecured Creditors

Chapter 13 plans in this district generally provide to pay unsecured creditors a pro rata share of available funds after the monthly disbursements on most other types of claims. That means that the Trustee must know the total amount of allowed unsecured claims before making any distributions to unsecured creditors.

The Trustee, therefore, does not make disbursements to unsecured creditors until the Trustee has conducted an audit following the expiration of the last deadline for filing proofs of claim. As of this writing, the last deadline is the deadline for governmental claims, 180 days after the date of filing.

Disbursement Schedule

The Trustee makes disbursements to creditors on the last day of each calendar month. These payments are mailed (or electronically transferred) as soon as possible thereafter.

Stale-Dated Disbursement Checks

Disbursement checks are void 60 days after the original issuance date. Funds from stale-dated checks become available again for disbursement. (See above for information about the order of distribution under a confirmed Chapter 13 plan.)

To request a replacement of a stale-dated check, send the check back to us with a written request for the replacement, on company letterhead if applicable.

Creditor Refunds

If you need to return a disbursement check or send a refund to the Trustee, please include a letter on company letterhead if applicable explaining the reason for the refund and providing direct contact information for questions.

Copies of Checks and Check Vouchers

The Trustee's Office can supply copies of the front and back of cleared disbursement checks and copies of the vouchers sent with disbursement checks. To request a copy of one of these items, please send your request to Curtis McMahon at curtism@ch13nsh.com.

Unclaimed Funds

If funds remain unclaimed 90 days after the final distribution in a case, the Trustee will stop payment on any outstanding checks and remit the funds to the registry of the Bankruptcy Court. Please contact the Court for further information on how to request any such funds.



Address Changes and Claim Transfers


If your address changes during a case, please file a notice of the change with the Bankruptcy Court and provide a copy of the notice to the Trustee.

If the change involves a change to the payee name, please file a transfer of claim under Bankruptcy Rule 3001(e). Find the form for this notice here. The Trustee requests that creditors and servicers follow this procedure whenever requesting a change to the payee, even if it involves only a change of servicer.

Matter Listing


The Trustee manages Court dockets using the Matter Listing, and he provides access to other parties to pending matters. Use this form to request access.

The Matter Listing system allows parties to receive the Trustee's notes about upcoming Court hearings and to communicate with the Trustee and his staff about the matters.

Preferred Method of Communication

The Matters Listing is usually the best way to communicate with the Trustee's office about upcoming hearings. Multiple attorneys and paralegals in the Trustee's office work on these matters. Using the Matter Listing system ensures that anyone reviewing the case can see the status of the matter.

For time-sensitive communication or matters that require extensive discussion, phone or email communication may be necessary, but making a matter note as well will help avoid mistakes. The prehearing open house provides a forum for these types of discussions as well.

How the Matter Listing works

The Matter Listing has an entry for each matter on the Court's docket. Parties can access the online calendar by date, but the system also sends email notices (if the Trustee can locate an email address).

Updates:

Whenever the Trustee or a member of the Trustee's team adds a note or updates an existing note, an email will be sent to the email address linked to the parties to a matter.

Please note that the online listing does not update in real time. Parties receive email notices immediately, but the online listings update overnight.

Dispositions:

If a matter has a "disposition", it means the Trustee plans to announce the disposition to the Court.

If the listing does not have a disposition even if the text suggests a resolution parties should not assume that the Trustee will make an announcement and should plan to appear at the hearing.


Prehearing Open House


A few days before each consolidated Chapter 13 docket, the Trustee holds an Open House to discuss unresolved matters. If your court pleadings provide an email address, you should receive an email from the Trustee's with a zoom link in advance of the open house. Contact Mattie Gordon at mattieg@ch13bna.com or 615-244-1101 x250 with questions.


Agreed Orders


Any agreed order that potentially affects the administration of a Chapter 13 plan should be approved by the Trustee.

To submit an agreed order for review:

  1. Fill in your /s/ signature on the order. (And ensure the signature block is in accordance with Local Rule 5005-1.)

  2. Obtain approval from any other parties to the order and add their /s/ signatures.

  3. Include a signature block for the Trustee but leave the signature line blank.

    The Trustee's signature block:

    /s/____________________________
    Henry E. Hildebrand, III
    Chapter 13 Trustee
    P.O. Box 340019
    Nashville, TN 37203
    Phone 615-244-1101; Fax 615-242-3241
    pleadings@ch13nsh.com

  4. Convert the document to a PDF format

  5. Email the PDF document to aoecf@ch13nsh.com.

    The Trustee's orders paralegals monitor this email account and will review the order and may respond with questions or requested revisions.

  6. If the order is acceptable to the Trustee, the Trustee will add his signature and the Trustee will file the order with the Court.

    If you would like to discuss the terms of an agreed order, you may contact one of the Trustee's staff attorneys. Find staff attorney contact information here.

Other Resources


Trustee's Roundtable

The Trustee hosts a monthly roundtable for members of the local Chapter 13 bankruptcy bar. The Trustee usually invites a speaker to discuss a specific topic and opens the floor to discussion of other issues of interest or concern to the bar. If you would like to receive notice of upcoming roundtables (and other Trustee communication with the bar), send a request to Lynne Binkley at lynneb@ch13bna.com.

Nashville Bar Association

The NBA Bankruptcy Court Committee and Local Rules Subcommittees are a good resource for staying informed about local Bankruptcy Court practices and developments. If you would like to receive notice of upcoming committee and subcommittee meetings, contact the NBA or the chair of the committee or subcommittee.

  • Bankruptcy Court Committee chair:Austin McMullen (amcmullen@bradley.com)
  • Local Rules Subcommittee chair: Maggie Reidy (maggier@ch13bna.com)
NACTT Academy

The Academy is an online consumer bankruptcy education resource that is affiliated with the National Association of Chapter 13 Trustees (NACTT). Full access requires a subscription, but the Academy offers some free material, including webinars.


Matter Listing

The Trustee manages Court dockets using the Matter Listing, and he provides access to other parties to pending matters. Use this form to request access.

The Matter Listing system allows parties to receive the Trustee's notes about upcoming Court hearings and to communicate with the Trustee and his staff about the matters.

How the Matter Listing Works

The Matter Listing has an entry for each matter on the Court's docket. Parties can access the online calendar by date, but the system also sends email notices (if the Trustee can locate an email address).

Updates:

Whenever the Trustee or a member of the Trustee's team adds a note or updates an existing note, an email will be sent to the email address linked to the parties to a matter.

Please note that the online listing does not update in real time. Parties receive email notices immediately, but the online listings update overnight.

Dispositions:

If a matter has a "disposition," it means the Trustee plans to announce the disposition to the Court.

If the listing does not have a disposition-even if the text suggests a resolution-parties should not assume that the Trustee will make an announcement and should plan to appear at the hearing.

Preferred Method of Communication

The Matters Listing is usually the best way to communicate with the Trustee's office about upcoming hearings. Multiple attorneys and paralegals in the Trustee's office work on these matters. Using the Matter Listing system ensures that anyone reviewing the case can see the status of the matter.

For time-sensitive communication or matters that require extensive discussion, phone or email communication may be necessary, but making a matter note as well will help avoid mistakes. The prehearing open house provides a forum for these types of discussions as well.